Steuben County Court Overturns Conviction in Bath NY For Failure to Serve Discovery

The Benjamin Goldman Law Office was able to overturn an alledged "Failure to Move Over" conviction on their client- Sean C. Sean was driving on Interstate 86 in October of 2022. As he was driving through the jurisdiction of the Town of Bath, he was pulled over by Trooper Corwin Mackney. At the traffic stop he was advised by the trooper that he was being charged with Vehicle & Traffic Law § 1144-AA, “Failure to Move Over”. The law requires motorists to move out of the right lane if there is a police officer on the right shoulder with lights on.

Bath NY Town Court

Sean retained the Benjamin Goldman Law Office to fight the ticket. The policy of the Steuben County District Attorney’s Office is not to offer any plea bargain for this charge (perhaps absent unique circumstances). Thus, we were required to proceed to trial. Our attorneys filed multiple motions in connection with this case, including a motion to compel the prosecution to serve us with Discovery. All our motions were denied, including our motion to compel discovery. The case proceeded to trial before Justice Vernard Anderson where Defendant was found Guilty as charged.

Appeal to Steuben County Court

Within a week of the conviction, the team at the Benjamin Goldman Law Office filed a Notice of Appeal in the Steuben County Court, which acts as the appellate court for Steuben County justice courts. In a Decision dated March 4, 2024, Hon. Philip J. Roche, a Steuben County Judge, overturned the conviction in Bath Town Court and ordered the charges to be dismissed. The 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. The County Court that the failure of the People to comply with discovery required that the charge be dismissed entirely.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. This case is an example of the efforts we typically undertake for our clients. Our team does not rest until they have obtained the most optimal disposition for each case. The Benjamin Goldman Law Office handles all types of traffic related charges and takes on cases in all parts of New York State. We have cases on Long Island, New York City, Upstate New York, Catskill Mountains, Hudson Valley, Capital District, Mohawk Valley, North Country, Central New York, Finger Lakes, Southern Tier, and the Western Region. The Benjamin Goldman Law Office provides all motorists with a free consultation. We look forward to hearing from you, whether by phone call, text message, or email.

Charged with Speeding in New York?

If you received a speeding ticket under VTL § 1144-AA anywhere in New York State, the Benjamin Goldman Law Office can review your case, analyze procedural compliance, and pursue the strongest available defense. Consultations are free.

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