CAL in the Courts

Case Dismissed Due to Prosecution's Extreme Delay in Sentencing

10.10.17

It took the New York County District Attorney’s Office nearly nine years to produce CAL client C.D. for sentencing, even though C.D. was in New York State custody for the vast majority of that entire nine-year period. On appeal, CAL argued that the prosecution’s extreme delay violated C.D.’s statutory right to prompt sentencing under C.P.L. 380.30(1). The Appellate Division remanded the matter to the sentencing court to give the prosecution an opportunity to respond to CAL’s argument. But on October 10, 2017, a representative of the District Attorney’s Office stood before the court and conceded that “the People can’t prevail on the hearing in this matter … and the case should be dismissed.” Supreme Court Justice Felicia Mennin dismissed the case and sealed the indictment. Ben A. Schatz represented C.D. on appeal and remand.