People v. K. T.
In People v. K. T. (5/11/05), our law office scored a significant victory over both prosecution and town attorneys representing the Irondequoit Police Department by persuading the Irondequoit Town Court (DeMarco J.) to sign a subpoena directing the Police Department to turn over records of a "history of violations," which they claimed justified placement of a "sobriety checkpoint". Mr. Corletta successfully argued, over vigorous objections, that under applicable Fourth Amendment jurisprudence, the government's placement of such "checkpoints" cannot be arbitrary, and must be circumscribed by some rationale.
People v. F.
In People v. F. (6/28/05) Rochester City Court Judge Melchor E. Castro dismissed Driving While Intoxicated charges against Mr. Corletta's client, despite a report of a motor vehicle accident and high BAC, due to failure of police in the accusatory instrument to properly identify Defendant as the driver, or to allege he had recently operated a motor vehicle. This continued a long line of dismissals Mr. Corletta has obtained on this point.
People v. G
Mr. Corletta scored still another impressive victory in People v. G (5/31/05). Facing his second felony trial for DWI, after already having been convicted of DWI twice before while being represented by other lawyers, and after already having served probation, Mr. Corletta's client faced sure incarceration if convicted again. After a full trial in State Supreme Court, Mr. Corletta demonstrated, through effective cross-examination of the arresting officer, that his client was not intoxicated. His client was convicted only of the lesser offense of Driving While Ability Impaired, a traffic infraction, and received just a small fine and license suspension, both of which were required by law. No probation or jail time was imposed.
People v. C.
Mr. Corletta recently scored a rare across-the-board, "not guilty" verdict in People v. C. (Rochester City Ct., 10/4/04). In that case, Mr. Corletta's client was stopped for marginal crossings of the fogline on an expressway, in a spot where motorists normally cross the fogline. Mr. Corletta made this argument in his Summation. In addition, his client committed only technical violations on the field sobriety tests, and demonstrated only minimal signs of impairment. In a case tried to the Court, Mr. Corletta's client was found not guilty of all charges, including the underlying lane violations.
People v. M.O.
In People v. M.O. (10/17/05), Mr. Corletta was confronted with an accident situation; with an allegedly uncooperative and belligerent client, where alcoholic beverages were found in her vehicle. Exploiting errors in the prosecutions case, and keeping out damaging evidence through timely and proper objections, Mr. Corletta was able to limit his client's liability and obtain outright dismissal of 2 of the 4 charges.
People v. R.P
In People v. R.P. (Just. Ct., 10/05), Mr. Corletta was confronted with the unusual issue of a 6-year delay in a case that was pending decision on a motion made by the Defendant. The delay was through no fault of the Defendant's. Mr. Corletta, in his Motion to Dismiss on grounds of denial of speedy trial, pointed out that the People had done nothing to move the case forward. The Court agreed, dismissing the now 8 year-old case against his client, with prejudice.
People v. KY
In People v. KY (Greece Town Ct.,3/16/06), Mr. Corletta showed how extensive preparation, attention to detail, and not giving up pays off. Faced with a situation where a very zealous police officer followed his client for about 2 miles, and then stopped him for turning left in front of another car at an intersection, yielding an alleged .16 BAC, Mr. Corletta went on the offensive. Citing older case law, Mr. Corletta demonstrated the stop was highly questionable. Cross-examination of the officer revealed Mr. Corletta's client had plenty of room to make the turn in front of the oncoming vehicle. Therefore, he was found not guilty of that charge.
People v. VH
In People v. VH (Rochester City Ct.,3/16/06), the accusatory instrument in a DWI accident case was devoid of any factual allegation as to operation. The prosecution, recognizing this, attempted to argue that statements contained in a separate police report should be incorporated into the accusatory instrument. Mr. Corletta correctly argued that police reports are not and never were considered accusatory instruments under the applicable statute. The Court agreed, dismissing the charge against his 60+ year-old client. Mr. Corletta once again demonstrated how important it is to object to improperly prepared accusatory instruments in DWI accident cases.
People v. J.R.
Mr. Corletta mounted another successful challenge to a roadblock stop and arrest in People v. J.R. (Greece Town Ct., 7/13/06). Attacking the arrest on several fronts, including the Constitutional validity of the checkpoint and the admissibility of the breath test result, Mr. Corletta was able to persuade the Court to exclude the breath test result. Based upon lack of evidence of any erratic operation, due to the fact his client was stopped only because of operation of the checkpoint, Mr. Corletta was able to reduce the "common-law" DWI charge to the lesser traffic violation of Driving While Ability Impaired.