Legal Question in Criminal Law in New York

petite larceny

i worked in a retail store for 5 yrs i was arrested for petite larceny it had to do with a police office and interal affairs.the prosecutor stated they have a video of me . i received a DAT went to court 8 times my lawyer read the discovery package and requested the tape .it's been three weeks still the prosecutor has not given us the tape in a few days i go to court for trial today my lawyer stated he spoke to the prosecutor they said it will be post pone until next month and to bring a blank tape on monday so they can make a copy of the tape to give to us .isn't this obsured that i have to go through this last month went to court prosecutor was on vacation this has been going on for 8 months can my lawyer get a motion to dismiss please give me some advice thank you


Asked on 7/25/07, 10:01 pm

1 Answer from Attorneys
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: petite larceny

Without all the facts I am unable to give you an opinion. The prosecutor has ninety days in, which he or she must be ready for trial. Certain adjournments are excluded (e.g., discovery, defense attorney request, etc). If the prosecutor has used up all their time then your attorney should file a motion to dismiss the case. Please feel free to contact my office if we can provide any assistance in this matter.

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Answered on 7/26/07, 12:57 am


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