People v Caballero

In a Decision dated March 4, 2024, Hon. Philip J. Roche, a Steuben County Judge, overturned a conviction in Bath Town Court and ordered the charges to be dismissed. Defendant was initially charged VTL 1144-AA, “Failure to Move Over”. The law requires motorists to move out of the right lane if there is a police officer on the right shoulder with lights on. Defendant retained the Benjamin Goldman Law Office to fight the ticket. The policy of the Steuben County District Attorney’s Office is not to offer any plea bargain for this charge (perhaps absent unique circumstances). Thus, we were required to proceed to trial. Our attorneys filed multiple motions in connection with this case, including a motion to compel the prosecution to serve us with Discovery. All our motions were denied, including our motion to compel discovery. The case proceeded to trial before Justice Vernard Anderson where Defendant was found Guilty. Within a week the Benjamin Goldman Law Office filed a notice to appeal in the Steuben County Court, which acts as the appellate court for Steuben County justice courts. The County Court reviewed all the grounds for appeal and ultimately found the conviction should be overturned per CPL §245.80(1)(b). This statute discusses possible sanctions for non-compliance with discovery. The County Court that the failure of the People to comply with discovery required that the charge be dismissed entirely.