Benjamin Goldman Law Office Wins Appeal After Prosecutor Fails to Serve Discovery

In a Decision dated November 16, 2022, Hon. E. Danielle Jose-Decker, a Sullivan County Court Judge, overturned a conviction in Rockland Town Court. Defendant was initially charged VTL 1180(d), “Speeding”. Defendant retained the Benjamin Goldman Law Office to fight the ticket on their behalf. Attorneys from the Benjamin Goldman Law Office conducted plea bargain negotiations with the town prosecutor but were unable to come to a plea bargain agreement. The court then scheduled the case for trial. Prior to the trial, our firm filed a motion to dismiss because the prosecutor failed to serve us with any discovery. The motion was denied, and the case proceeded to trial, where the defendant was found Guilty. Attorneys from the Benjamin Goldman Law Office filed a Notice to Appeal in the Sullivan County Court, which acts as the appellate court for Sullivan County justice courts.

The County Court reviewed all the grounds for appeal and ultimately found the conviction should be overturned per CPL §245.80(1)(b). This statute discusses possible sanctions for non-compliance with discovery and requires the movant to prove prejudice by the lack of discovery. In an important ruling, the County Court found that an “Appellant [is] de facto prejudiced by the undisputed fact of having received no discovery.” The Court further found that “Appellant was effectively usurped from the opportunity to articulate prejudice beyond asserting the impropriety of the People’s non-compliance with discovery”. In essence, the court ruled that if the People do not serve any discovery, the Defendant does not have to prove prejudice on appeal. Ultimately the County Court vacated the conviction and remanded the case back to the Rockland Town Court.

The Benjamin Goldman Law Office is a New York State law firm dedicated to traffic ticket defense. As seen from this case, our firm aims to diligently pursue the best possible disposition for each client. Our firm litigates cases in all parts of New York State, including in courts on Long Island, Capital District, North Country, and Western New York. The Benjamin Goldman Law Office provides all with a free consultation.