PEOPLE v. SANDERS (2026)

On January 24, 2026, the defendant was arrested and accused of menacing in the second degree (PL § 120.14 [1]). She was arraigned the following day, and the case was adjourned for a supporting deposition and discovery compliance. The People filed a supporting deposition and a certificate of compliance (COC) on April 7, 2026. On April 27, 2026, the parties appeared, and a motion schedule was set for the defense to challenge the validity of the People's COC. To date, no motion has been filed.

Under CPL § 245.50 (4) (c), a COC challenge must be filed “within thirty-five days of the service of the certificate” and must include an affirmation that the defense “timely conferred in good faith or timely made good faith efforts to confer with the opposing party regarding the specific and particularized matters forming the basis for such challenge.” In this case, more than thirty-five days have passed since the People filed their COC on April 7, 2026, and the defense has not filed a COC challenge. Nor has the defense requested a good cause extension (CPL § 245.50 [4] [c] [i]).

Therefore, the defense is PRECLUDED from challenging the validity of the People's COC pursuant to CPL § 245.50 (4) (c), unless “such challenge [is] based upon a material change in circumstances․or [the defense] could not, with due diligence, have known of the specific and particularized matters forming the basis of the challenge prior to the expiration of [the thirty-five day deadline]” (CPL § 245.50 [4] [c] [ii]).

This constitutes the decision and order of this court.

Ilona B. Coleman, J.