Showing posts with label speedy trial new york. Show all posts
Showing posts with label speedy trial new york. Show all posts

Monday, May 7, 2018

How Long is Too Long? 29 month DWI Case

Waiting for court on your case
A recent appellate decision on a New York DWI case has me scratching my head. In People v. Pena-Encarnacion, Case Number: 2014-736QCR, the defendant was first arraigned on the charges August 29, 2011 and the matter ended in 2013. This case was appealed and decided last week in 2018!

It started with a man alleged to gone through a steady red signal, and to have been DWI in Queens, NY. He was charged with two different DWIs, common law DWI and DWI per se, over .08 BAC. The case ended with a bench trial (judge trial) 29 months later, yes that's no typo, twenty-nine months later. Being found guilty of DWAI alcohol by the judge. The case went up on appeal.

Did the higher court decide there was a violation of his speedy trial right?
Did the higher court decide there was any impropriety because the District Attorney didn't provide a calibration report till right before trial?
Did the higher court believe that the long delay affected his defense?