Nine Points Dismissed on Technical Grounds in Lake George

Published on 11/7/2024

On June 11, 2023, Trooper Hanaburgh of New York State Police stopped Lorena on Dixon Hill Road in the town of Lake George. Lorena was issued three traffic tickets. The charges were Moved From Lane Unsafely, Speed Not Reasonable & Prudent, and Leaving the Scene of Accident. The tickets were made answerable to the Lake George Town Court. Lorena retained the Benjamin Goldman Law Office PC (BGLO) to help fight the charges.

The BGLO filed a plea of Not Guilty on behalf of their client. Along with the Not Guilty plea, the BGLO requested to be served with Supporting Depositions pursuant to CPL 100.25(2). Attorneys from the BGLO also commenced plea negotiations with the Warren County District Attorney’s Office. The prosecutor offered a resolution whereby the defendant would plead guilty to the Leaving the Scene of an Accident and the other tickets were to be dismissed, but this plea offer was rejected by the Defendant. Attorneys from the BGLO filed an Omnibus Motion in the Lake Goerge Town Court with various requests, including a request for Dismissal for failure to serve a Supporting Deposition. Town Justice Brian S. Reichenbach issued a Decision on November 4, 2024. In the Decision, the judge ruled in favor of the Defendant and dismissed the three tickets. The supporting depositions were actually in the court file but at this time the time to serve them had lapsed. The only issue was whether they were also served upon the Defendant or their attorney. The court reviewed its file and did not find an Affidavit of Service of Supporting Deposition. Thus, there was no indication that the supporting deposition were served within the statutorily given time period and thus the court was required to dismiss the three tickets.

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