CRKL attorneys James Valentino and Thomas Dollar recently obtained a full dismissal for a client who was charged in 2023 with multiple misdemeanors relating to an alleged assault. The team’s strategy capitalized on key reforms to New York’s discovery laws instituted in 2020 which for the first time tie the prosecution’s discovery obligations to a defendant’s speedy-trial rights.

In this case, the District Attorney’s Office belatedly produced discovery materials and did not adequately comply with its discovery obligations.

Valentino and Dollar moved to dismiss all charges on the ground that the client’s speedy-trial rights had been violated due to these discovery violations. Though the Court did not dismiss the case, it found that 90 days of speedy-trial time were chargeable to the prosecution, which significantly hamstrung the prosecution in its ability to proceed.

Valentino and Dollar then made multiple presentations to the prosecutors to share the results of their investigation into the allegations, which uncovered serious discrepancies in the complainant’s story.

During the last court appearance, the District Attorney’s Office announced that it was not ready to proceed to trial and conceded that the case should be dismissed on the grounds that speedy trial time had expired.

This successful outcome highlights the importance of approaching the defense of a criminal case with expertise in the criminal procedure laws, persistence and a multi-faceted strategy.