People v. Minott

41 Misc. 3d 1002, 972 N.Y.S.2d 499, 2013 WL 5493900, 2013 N.Y. Misc. LEXIS 4410
CourtCriminal Court of the City of New York
DecidedOctober 3, 2013
StatusPublished
Cited by1 cases

This text of 41 Misc. 3d 1002 (People v. Minott) is published on Counsel Stack Legal Research, covering Criminal Court of the City of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Minott, 41 Misc. 3d 1002, 972 N.Y.S.2d 499, 2013 WL 5493900, 2013 N.Y. Misc. LEXIS 4410 (N.Y. Super. Ct. 2013).

Opinion

OPINION OF THE COURT

Steven M. Statsinger, J.

Defendant, charged with failure to re-register as a gun offender, in violation of Administrative Code of the City of New York § 10-603 et seq., moves to dismiss the information as time-barred by the applicable two-year statute of limitations.1 For the reasons discussed below, the court denies the motion to dismiss.

I. Factual Background

A. The Allegations

According to the accusatory instrument, on September 4, 2006, defendant was arrested in Kings County, and charged with, inter alla, criminal possession of a weapon in the third degree, in violation of Penal Law § 265.02 (4) (possession of “any loaded firearm”).2 Defendant pleaded guilty to that charge on February 14, 2008, and on September 10, 2008, was sentenced to five years’ probation. That same day, he completed a New York City gun offender registration form, in which he listed a Brooklyn address. The form directed the defendant to appear in person at the NYPD’s gun offender monitoring unit (GOMU), which is located in Manhattan, within 48 hours; he did so, on September 12, 2008. Once there, defendant completed the relevant paper work, again listing a New York City address. The registration form instructed defendant to return to the Manhattan GOMU within 20 days of each six-month anniversary of his sentencing date for the next four years. Defendant never returned to the GOMU to re-register.

B. Legal Proceedings

On April 8, 2013, defendant was arrested and charged with failure to re-register as a gun offender, in violation of the Gun [1004]*1004Offender Registration Act (GORA),3 under Administrative Code of the City of New York § 10-603 (e) (1). He was arraigned on a misdemeanor information in New York County Criminal Court on April 9, 2013, and released on his own recognizance.

The “accusatory part” of the information (see CPL 100.15 [1], [2]) provides that “[o]n or about February 21, 2010,”4 defendant failed to re-register as a gun offender, as required by GORA. The “factual part” (CPL 100.15 [1], [3]) of the information alleges that defendant “was released on probation on September 10, 2008,” and that he “initially registered at GOMU on September 12, 2008,” and provided a New York City address. However, according to the information, defendant failed to return to GOMU to personally re-register within the six-month time period required by GORA “or at any time thereafter.”

By a motion filed on June 25, 2013, defendant moves to dismiss the information as time-barred by the two-year statute of limitations that applies to misdemeanors. (See CPL 30.10 [2] [c].) According to defendant, his first re-registration date was to have been six months and 20 days from his initial registration, approximately March 30, 2009, and that his failure to re-register on that date marked the date of the commission of the offense. Thus, defendant argues, the People’s failure to charge him with a GORA violation by March 30, 2011 renders the prosecution time-barred.

The People, noting that there is no case law on this issue, argue in response that GORA makes out a continuing offense for purposes of the statute of limitations. The People agree that the offense commenced on March 30, 2009 but, under the People’s analysis, defendant’s failure to re-register by that date “marked the beginning of his commission of the crime of failure to re-register under Administrative Code § 10-603 (e), not the completion of the crime.” Under the People’s reasoning, defendant’s obligation to comply with GORA’s re-registration requirements lasted for four years from the date of conviction, or until approximately February 14, 2012, and thus the two-year limitations period started on that date. To the People, since defendant was charged within two years of February 14, 2012, the prosecution is timely.

[1005]*1005II. Discussion

A. Introduction

This case presents a question of first impression: whether the failure to re-register as a gun offender, as required by GORA, is a continuing offense for statute of limitations purposes. Here, defendant is accused of failing to re-register within six months of his sentencing “or at any time thereafter.” After careful consideration, the court concludes that failure to re-register as a gun offender is indeed a continuing offense. The offense commences on the date that defendant first failed to comply with GORA and is completed, and the statute of limitations period begins to run, when (1) the defendant voluntarily complies, (2) is apprehended or (3), at the latest, upon the expiration of the four-year reporting period.

Here, the People do not allege that defendant voluntarily re-registered or was apprehended within the time period mandated by GORA. Since that four-year period expired on or about February 14, 2012, and this action was commenced within two years of that date, it is timely. The motion to dismiss is accordingly denied.

B. The Statute of Limitations

Failure to re-register as a gun offender is a misdemeanor, punishable by a fine of not more than $1,000, or imprisonment of not more than one year, or both. (Administrative Code § 10-608.) According to GPL 30.10 (2) (c) a “prosecution for a misdemeanor must be commenced within two years after the commission thereof.” The statute of limitations reflects the legislature’s judgment as to when a charge becomes too stale to prosecute based largely on three considerations: the defendant’s difficulty in mounting a defense when facts might have become obscured by the passage of time; the inadvisability of punishing offenders for ancient acts; and the need to encourage law enforcement to investigate criminal activity promptly. (See e.g. People v Seda, 93 NY2d 307, 311 [1999].) However, the limitations period can be either tolled or extended under certain defined circumstances, such as where the defendant is a public servant accused of official misconduct (limitations period extended by GPL 30.10 [3] [b]), or where the defendant is a fugitive (limitations period tolled by up to five years under GPL 30.10 [4] [a]), and, in some circumstances, for sex offenses. (CPL 30.10 [3] [1006]*1006[f].)5 Consistent with their legislative purpose, criminal statutes of limitations are to be “liberally construed in favor of the defendant”; that is, “in favor of repose.” (People v McAllister, 77 Misc 2d 142, 144 [Crim Ct, Kings County 1974].)

C. Continuing and Non-Continuing Offenses under New York Law
1. Introduction

Absent tolling, the limitations period begins with the commission of the crime and ends with the commencement of the action, which occurs when the accusatory instrument is filed in a criminal court. (CPL 1.20 [16] [a].) For most offenses, identifying the date of commission is straightforward; the offense is committed on the date of occurrence. Not every offense occurs on a single occasion, however; some are continuing offenses for purposes of the statute of limitations. For a continuing offense, the limitations period commences on the date of completion, not the date the offense began. (People v Eastern Ambulance Serv., 106 AD2d 867, 868 [4th Dept 1984].)

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Bluebook (online)
41 Misc. 3d 1002, 972 N.Y.S.2d 499, 2013 WL 5493900, 2013 N.Y. Misc. LEXIS 4410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-minott-nycrimct-2013.