[*1]
People v Adams
2014 NY Slip Op 50147(U) [42 Misc 3d 1222(A)]
Decided on February 7, 2014
Canandaigua City Ct
Aronson, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 7, 2014
Canandaigua City Ct


The People of the State of New York,

against

Bradley N. Adams, Defendant.




N/A



People by: Hon. R. Michael Tantillo, Esq., Ontario County District Attorney, Assistant District Attorney James B. Ritts, Esq., of counsel

Defendant by: Hoffman, Hubert & Hoffman, LLP,

Terrance J. Hoffman, Esq., of counsel

Stephen D. Aronson, J.



When a defendant doesn't waive a preliminary hearing in the local criminal court and the District Attorney fails to prosecute the case, the felony complaint should be dismissed (People v. Cleghorn, 190 Misc 2d 421 [Village of Cayuga Heights Justice Court, 2001]; compare People v Hogan, 5 Misc 3d. 151 [Rochester City Court, 2005]). A contrary result would keep the case in the local criminal court without any authority or jurisdiction to act upon the felony complaint. The local criminal court would be relegated as a caretaker of the case.

This constitutes the decision and order of the court.

Dated: 2/7/14____/s/__________________

Canandaigua, New YorkStephen D. Aronson

Canandaigua City Court Judge