Process Matters: Court Refuses to Revive Dismissed Case
Mount Vernon, NY — In a decisive ruling dated Tuesday, October 1, 2024, Mount Vernon City Court Judge Lyndon D. Williams denied the prosecution’s motion to reargue in the case of People of the State of New York vs. Jonathan Davis, affirming the court’s earlier dismissal of the charges
The defendant had been charged with one count of Harassment in the Second Degree. The case was originally dismissed in a Decision and Order dated Thursday, May 23, 2024, after the court determined that the prosecution failed to meet its legal obligations under New York’s discovery and speedy trial laws.
Mount Vernon Judge Denies Reargument, Upholds Dismissal in Harassment Case by Black Westchester Magazine
Specifically, the court found that the People’s Certificate of Compliance—required to confirm all evidence has been properly shared with the defense—was “illusory,” and that the Statement of Readiness was invalid. As a result, the case was dismissed pursuant to CPL § 30.30, which requires prosecutors to be trial-ready within a strict statutory timeframe.
In seeking reargument, prosecutors contended they had exercised due diligence in obtaining and disclosing evidence and argued that less severe remedies than dismissal could have been applied. But the court rejected those claims, finding no basis to overturn its original decision. The ruling emphasized that prosecutors failed to demonstrate they had met the required standard of diligence in securing and providing discoverable materials, including information related to witnesses.
Judge Williams further reinforced that under CPL § 30.30, the burden is on the prosecution to be trial-ready within the statutory timeframe, and failure to do so mandates dismissal—regardless of whether the defense can show prejudice.
With the motion denied, the dismissal stands, sending a clear message about the importance of compliance with discovery laws and procedural timelines in Mount Vernon’s courts.
Mr. Davis has always categorically denied the allegations, stating that it was a plot to kick him off the board because he was the only one calling out the board’s illegal activities.
