The People of the State of New York v. Michael Freeman Schlueter

Riverhead, New York criminal defense lawyer represented the Defendant charged with Operation of a Motor Vehicle Impaired by Drugs in the First-Degree.

On November 2, 2023, the defendant was arrested and charged with one count of Operation of a Motor Vehicle While Impaired By Drugs in the First Degree in violation of New York State Vehicle and Traffic Law ("VTL") § 1192.4, an unclassified misdemeanor. He was arraigned on November 3, 2023. On February 9, 2024, the People charged defendant with an additional charge: one count of Operation of a Motor Vehicle While Impaired By the Combined Use of Drugs or Alcohol in violation of VTL § 1192.4-a.



By motion dated April 8, 2024, the defendant now moves (1) to strike the People's CoC and/or SoR and (2) to dismiss the accusatory instrument pursuant to CPL § 30.30 and § 170.20 on the grounds that his statutory speedy trial rights were violated; (3) to suppress, pursuant to CPL §§ 710.20(3) and 710.60, statements made by the defendant to a public servant which were obtained in violation of the defendant's constitutional rights, or for a Huntley hearing; (4) for discovery pursuant to Brady v Maryland, People v Rosario, People v Sandoval, People v Ventimiglia and for discovery-related Sandoval and Ventimiglia/Molineux hearings.



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People v. Schlueter, 2024 NY Slip Op 50975(U), Docket No. CR-033390-23SU (N.Y. Dist. Ct. Jul 08, 2024)

The defendant's motion to strike the People's CoC and/or SoR is GRANTED. The defendant's motion to dismiss the accusatory instrument pursuant to CPL § 30.30 and § 170.20 on the grounds that his statutory speedy trial rights were violated is GRANTED. The defendant's remaining arguments are DENIED, as moot.



This shall constitute the decision and Order of the Court.

People v. Schlueter, 2024 NY Slip Op 50975(U), Docket No. CR-033390-23SU (N.Y. Dist. Ct. Jul 08, 2024)