People v Hernandez

Holding The Appellate Term affirmed the denial of the defendant’s motion to invalidate the People’s certificate of compliance, finding that the prosecution exercised due diligence under former CPL article 245 despite failing to follow up on a subpoena for Rikers Island calls. Consequently, the speedy trial clock was properly stopped by the statement of readiness, precluding dismissal of the accusatory instrument.

The court’s words

the key question in determining if a proper COC ha[d] been filed [was] whether the prosecution ha[d] 'exercis[ed] due diligence and ma[de] reasonable inquiries to ascertain the existence of material and information subject to discovery'

2026 NY Slip Op 51301[U], at the official text

the People made substantial efforts to comply with their discovery obligations under CPL article 245 and turned over a considerable volume of material

2026 NY Slip Op 51301[U], at the official text

the People's explanations for the nondisclosure of the May 1, 2019 911 call and the BWC video metadata were reasonable

2026 NY Slip Op 51301[U], at the official text

Having subpoenaed the calls, the People should have followed up with the DOC when it failed to produce the material requested in the subpoena

2026 NY Slip Op 51301[U], at the official text

the accompanying SOR stopped the speedy trial clock with fewer than 90 days chargeable to the People

2026 NY Slip Op 51301[U], at the official text