At Arpino Law, we believe criminal cases are won long before trial, through careful motion practice, aggressive discovery litigation, and holding the prosecution accountable to the law.
In a recent decision from Suffolk County District Court, First District (Central Islip), the court issued a significant discovery sanction against the prosecution in a pending misdemeanor case. While the court did not dismiss the charges outright, it barred the People from calling seven witnesses at trial, a ruling that will fundamentally shape how the case proceeds.
The Case and the Motion
The defendant was charged with Forcible Touching (Penal Law § 130.52), a serious Class A misdemeanor. After arraignment, the prosecution filed an initial Certificate of Compliance (COC) and Statement of Readiness (SOR), followed by a series of Supplemental Certificates of Compliance over several months.
Our office filed a comprehensive motion seeking:
- Invalidation of the prosecution’s Certificates of Compliance,
- Dismissal under New York’s speedy trial statute (CPL § 30.30),
- Or, alternatively, sanctions for discovery violations.
The motion focused on the prosecution’s late designation of multiple trial witnesses, disclosed only days before the second scheduled trial date.
The Court’s Ruling
In a detailed written decision, the court held that although dismissal was not warranted, the prosecution failed to exercise due diligence in complying with its discovery obligations under CPL Article 245.
The court specifically found that:
- The People knew about several hospital witnesses for months,
- They failed to designate them as potential trial witnesses until the eve of trial,
- The explanation offered, “administrative oversight,” was insufficient,
- And the late disclosure prejudiced the defense’s trial preparation.
As a result, the court precluded the prosecution from calling seven witnesses in its direct case at trial, calling the late disclosure “tantamount to trial by ambush” — precisely what New York’s discovery reforms were designed to prevent.
Why This Ruling Matters
Discovery sanctions like this are not symbolic, they are case-shaping.
By barring multiple witnesses:
- The prosecution’s theory of the case is significantly narrowed,
- Trial strategy is fundamentally altered,
- And the defense is protected from unfair surprise on the eve of trial.
This decision reinforces that Certificates of Compliance are not formalities. Prosecutors must exercise real diligence, and when they fail to do so, courts have the authority to impose meaningful consequences.
Holding the Prosecution to the Rules
We routinely litigate discovery issues, challenge improper Certificates of Compliance, and seek sanctions when the law is not followed. Even when a case is not dismissed outright, strategic motion practice can dramatically change the balance of power at trial.
If you or a loved one is facing criminal charges in Suffolk County or anywhere in New York, early and aggressive defense work matters.
📞 Call us at (631) 724-5251