Holding Court, Special Update: In Pursuit of the Fleeing Driver
Holding Court is a new series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
By Joe Latwin
As earlier reported in MyRye.com, Rye Police arrested a man for unlawful fleeing, obstructing Governmental Administration, and several other traffic violations. Holding Court has been monitoring this case, and here is the current update:
On March 7th, the driver appeared in Rye City Court. A local attorney was appointed by the Court to represent the driver. The attorney waived a reading of the charges and the driver’s rights. A plea of Not Guilty was entered. The attorney acknowledged receipt of the Supporting Depositions of the police officer and a Criminal Procedure Law section 710.30 notice that set forth statements made by the driver to the police officer.
The Court gave the driver his “Parker” warnings – if you don’t show up we can proceed without you, you have the right to be present at trial, the right to present witnesses, and the right to be present at sentencing if you are convicted.
The Court issued an Order to Counsel that directs the attorney and the District Attorney to do what they are already obligated to do under the Constitution and laws, such as disclose exculpatory evidence to defendant’s attorney.
Since none of the charges are bailable offenses, the Court released the driver on his own recognizance. The case was adjourned to March 28th. This will allow the DA to gather up and produce to defendant’s attorney discovery, including body camera video. It will also allow the DA to formulate an offer to resolve the case.
All of these things are standard operating procedure in these kind of cases.
