Narrative of Resolution:
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Approving and Supporting the Establishment of a Centralized Arraignment Part in Sullivan County, New York
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RESOLUTION INTRODUCED BY LUIS A. ALVAREZ, CHAIR OF THE PUBLIC SAFETY AND LAW ENFORCEMENT COMMITTEE TO APPROVE AND SUPPORT THE ESTABLISHMENT OF A CENTRALIZED ARRAIGNMENT PART IN SULLIVAN COUNTY, NEW YORK
WHEREAS, Sullivan County is a rural county in the State of New York, served by numerous town and village courts responsible for the conduct of local criminal court arraignments; and
WHEREAS, under current practice, arraignments are conducted by individual town and village justices who are contacted on an on-call basis at all hours of the day and night, including weekends and holidays, placing significant burdens on the local judiciary, law enforcement agencies, local defense bar and other county resources; and
WHEREAS, the right to counsel at first appearance in a criminal proceeding is guaranteed under the New York State Constitution and codified at CPL ??170.10(3) and 180.10(3), and was reinforced by the Court of Appeals of the State of New York in Hurrell-Harring v. State (2010), which directed the State to ensure that defendants receive the assistance of counsel at first appearance; and
WHEREAS, the New York State Office of Indigent Legal Services, pursuant to Executive Law ?832(4)(a), has directed that counties ensure counsel is present at all first arraignments, and the establishment of a Centralized Arraignment Part (CAP) is an efficient mechanism by which counties such as Sullivan County can fulfill this obligation; and
WHEREAS, a Central...
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