People of the State of New York, v. Julie M. Miller, Defendant. (2025)

Defendant moves to dismiss the Indictment pursuant to CPL § 30.30. The People oppose. The Court has considered the papers. A brief evidentiary hearing was held on February 4, 2025. Deputy D.A. Veronica E. Fox appeared for the People. Luke Z. Fenchel, Esq. Appeared for Defendant. The Defendant was present.

Defendant was arrested and charged by felony complaint with DWI [VTL § 1192(3)] on February 25, 2024. Defendant was initially arraigned at C.A.P. part and R.O.R.'d with a next scheduled court date of March 6, 2024 at 5:00 p.m. in Newfield Town Court. Defendant appeared at the March 6, 2024 Newfield Town Court arraigned with counsel, Luke Z. Fenchel, Esq. (Newfield Court Docket, People's opposition papers, Exhibit F).

Attorney Fenchel failed to comply with 22 NYCRR 200.5 and never filed a Notice of Appearance. However, Attorney Fenchel did email District Attorney Matthew Van Houten on March 5, 2024 informing him that he had been assigned to represent Defendant, and the D.A. did respond to Fenchel's email and acknowledged his assignment. (Defendant's moving papers, Exhibit E).

The People indicted Defendant on August 15, 2024 and stated readiness at Defendant's arraignment on September 24, 2024.

It is true that the People are not charged with the time during which Defendant is "without counsel" CPL § 30.30(4)(f). However, Defendant was certainly represented by Attorney Fenchel at the March 6, 2024 Newfield Town Court arraignment where Defendant and Attorney Fenchel both appeared. Consequently, all time between the March 6, 2024 arraignment and the People's September 24, 2024 Statement of Readiness is chargeable to the People, a period in excess of the statutory maximum of "six months." CPL § 30.30(1)(a). Accordingly, Defendant's 30.30 motion is GRANTED and the Indictment is DISMISSED.

This constitutes the Decision of the Court entered upon notice to both parties. A notice of appeal, if applicable, must be filed within thirty (30) days of the date of this decision and order.

This matter is ORDERED sealed pursuant to CPL § 160.50 on March 13, 2025 if the People do not file a Notice of Appeal before such date.

Dated: February 10, 2025

HON. SCOTT A. MILLER

Tompkins County Court Judge

Scott A. Miller, J.