Legal Aid Society of Nassau County, Hempstead, for defendant.
Denis E. Dillon, District Attorney, Mineola, for plaintiff.
OPINION OF THE COURT
SUSAN T. KLUEWER, J. Defendant's motion to dismiss count one of the accusatory instrument pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a) is denied. The People are granted leave to cure the defects in count one of the presently filed accusatory instrument, provided they do so by a date to be fixed by the judge presiding in Criminal Term Part 12. Defendant is accused, by what is labeled a "District Court Information," of violating Vehicle and Traffic Law § 511 (2) (a) (iv) (aggravated unlicensed operation of a motor vehicle in the second degree). He is also accused, by simplified traffic informations joined under this docket, of violating Vehicle and Traffic Law § 1180 (c) (speeding in a school zone) and § 1102 (failing to obey a police officer). All offenses allegedly occurred on April 20, suspended on April 20, 2001, and that, on that date, there were in effect at least three suspension orders issued on three different dates. They have thus also demonstrated that the hearsay defects in the present information are "readily curable" ( People v Casey, supra ). Inasmuch as defendant has responded to the People's opposition as if it were interposed in the context of a formal cross motion, and inasmuch as there is authority for denial of a motion to dismiss so as to afford the People time to cure, even in the absence of a motion or cross motion to, e.g., amend (see People v Cobb, 2 Misc 3d 237 [Crim Ct, Queens County 2003, Zayas, J.]; People v Romano, 188 Misc 2d 368 [Crim Ct, Queens County 2001, Modica, J.]; cf. People v Pierre, supra ; but see CPL 170.30 [1] [a]), I hereby deem the People's opposition a properly noticed cross motion for leave to amend or otherwise cure, which leave, as noted above, I grant them. Since defendant is scheduled in any event to appear in this court several days hence, the appropriate time by which the People must file the documents they deem necessary to cure the defects in count one of the accusatory instrument should be fixed after both sides have had an opportunity to be heard on this limited issue.