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© 2019  - Friends of Judge DeMarco - Committee for Re-Election. All Rights Reserved.

NOTABLE DECISIONS

Judge DeMarco has issued over 500 written decisions, several of which have been selected by the New York State Law Reporting Bureau for publication. 

People v Martinez

Although defendant was preemptively qualified for judicial diversion for alcohol and substance abuse treatment, admission to Judicial Division Program was not warranted in light of threat posed by defendant to public safety and welfare as evidenced by sale of fentanyl-infused heroin.

61 Misc 3d 383 (Monroe County Ct  2018) 

People v Perkins

Police did not possess the requisite reasonable suspicion to inquire as to whether homeowner would consent to a search of her residence; thus, homeowner's subsequent consent was rendered a nullity and the Court excluded the evidence obtained as a result of illegal police conduct.

58 Misc 3d 171 (Monroe County Ct 2017)

People v Agnello

Following his conviction for a non-violent felony offense, defendant was a persistent felony offender within meaning of sentencing statute.  Nevertheless, adjudication as such would not best serve the public interest.

58 Misc 3d 215 (Monroe County Ct 2017)

People v Mullen

Upon an analysis of the shock incarceration statute, this Court held that a plain and unambiguous reading thereof precludes eligibility when a defendant has a prior felony conviction for which a term of imprisonment was imposed.

61 Misc 3d 515 (Monroe County Ct 2017)

People v Johnson

Totality of the circumstances supported conclusion that homicide defendant's waiver of his Miranda rights was knowing, voluntary, and intelligent, despite his intellectual disability; nothing about defendant's presentation or responses to investigators' questions suggested that he lacked capacity to appreciate or did not understand what was taking place, he was appropriately engaged and responsive to all the questions he was asked throughout the interview, he was able to use sophisticated terms in context during course of the interview, he demonstrated that he possessed a sound memory, he was able to maintain his story, even in face of a lengthy and persistent interrogation, and he ultimately invoked his right to counsel.

49 Misc 3d 518 (Monroe County Ct 2015) 

People v Lora

Statute governing applications for modification of bail provides an avenue for de novo review of securing orders fixed by local criminal courts where defendants allege the terms to be unlawful or overly severe; based upon additional information provided to the Court it found that initial securing order was more burdensome than necessary to secure defendant’s presence at future court appearances and thus would be vacated.

51 Misc 3d 493 (Monroe County Ct 2015)

People v Jurs

This Court, sitting in its appellate capacity, ordered a new trial for the defendant based largely in part upon the prosecutor’s misconduct during summation which substantially prejudiced the defendant’s right to a fair trial.

51 Misc 3d 653 (Monroe County Ct 2015)

People v Leone

With respect to a prior conviction, defendant’s sentence to parole supervision with placement at a drug treatment facility did not constitute “incarceration” for purposes of tolling the requisite 10-year period between the commission of the previous felony and the present felony relative to judicial diversion program eligibility.  

43 Misc 3d 306 (Monroe County Ct 2014)

People v Rankin

Court order assigning public defender to suspect's case was not a necessary prerequisite to public defender acting as suspect's counsel, and thus public defender entered case, thereby triggering attachment of suspect's indelible right to counsel under state constitution, when he called police, asserted he was suspect's attorney, and directed police to stop all questioning.

46 Misc 3d 791 (Monroe County Ct 2014) 

People v Edelman

Sitting in its appellate capacity, this Court affirmed a Town Court’s finding that dismissal of charges was the appropriate remedy as the offenses alleged actually occurred in another jurisdiction and thus the town court never had jurisdiction to hear the charges in the first place.

5 Misc 3d 556 (Monroe County Ct 2014), lv denied 23 NY3d 1061 (2014) 

People v Luther

In its appellate capacity, the Court affirmed the judgment of the lower court and held that defendant was deprived of notice of regulatory amendments regarding ineligibility of re-licensure relative to a driving while intoxicated conviction, and thus his right to due process was violated.

48 Misc 3d 699 (Monroe County Ct 2014)

People v Moorer

The “pinging” of murder defendant's cell phone by his cell phone provider, acting at the request of police, in order to determine the phone's location was not a “search,” and thus did not implicate or violate defendant's Fourth Amendment rights; defendant did not have a reasonable expectation of privacy in the transmission of the subscriber's signal necessary to make a call from his cell phone, and the cell phone ping information served to narrow the area of the space in which to look for the phone.

39 Misc 3d 603 (Monroe County Ct 2013), affd 155 AD3d 1192 (4th Dept 2018)

People v Williams

Defendant's pistol that he discarded while in flight as police officers merely entered vicinity in two patrol cars was abandoned, without infringement of defendant's Fourth Amendment rights; Police officers' investigatory detention of defendant who tossed dark object and fled as officers' patrol cars approached vicinity was supported by reasonable suspicion of criminal activity.

43 Misc 3d 827 (Monroe County Ct 2013)

People v Flowers

The Court, within its discretion, ordered the defendant to participate in a corporeal lineup prior to the filing of an accusatory instrument with the conditions that lineup would be double-blind and sequential.

35 Misc 3d 324 (Monroe County Ct 2012)

People v Schreier

In a prosecution for unlawful surveillance, the Court, having conducted a statutory analysis, found that the evidence was legally sufficient to establish that the defendant surreptitiously surveilled the victim with the requisite intent, and further that the victim had a reasonable expectation of privacy within her home.

29 Misc 3d 1191 (Monroe County Ct 2010)

People v Frumusa

Court affirmed trial court order finding that it was not error to permit the unsealing of defendant's grand jury testimony which was thereafter entered into evidence.  

50 Misc 3d 1225(A) (Monroe County Ct, 2015)