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Orange County News For Immediate Release Contact: Ryan Greenbaum Wednesday, May 3, 2023 845.615.3657, 845.415.0868c
District Attorney Hoovler Announces Reinstatement of Indictment After People’s Appeal
The People Appealed Dismissal of Indictment on Speedy Trial Grounds
Appellate Division Agreed that the People Did Not Violate Defendant’s Speedy Trial Rights
Orange County District Attorney David M. Hoovler announced that on Wednesday, May 3, 2023, the Appellate Division, Second Department of the Supreme Court of the State of New York reversed the dismissal order previously issued in Orange County Court in the case of the People of the State of New York versus Michael Taback. The case involves allegations that the defendant shot another man in the knee.
The appellate court agreed with the People’s position that Executive Order Number 202.87, issued by Governor Andrew Cuomo in the midst of the COVID-19 pandemic, which temporarily suspended certain speedy trial clocks in response to the practical challenges to bringing criminal cases to trial during the pandemic meant that in this case the People answered ready for trial within the prescribed time period. The result of the appellate decision is that the indictment has been reinstated and the case remitted back to Orange County Court for further proceedings on the indictment.
“The COVID-19 pandemic presented incredible challenges to criminal prosecutions,” said District Attorney David M. Hoovler. “Thankfully, the appellate court has agreed that my Office complied with the requirements as established by the law and the relevant Executive Orders issued at the time. We are pleased that we will be able to continue our pursuit of justice in this case.”
The appeal was prosecuted by Assistant District Attorney Edward Saslaw and Executive Assistant District Attorney Andrew Kass.
This criminal charge is merely an allegation that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the State of New York’s burden to prove guilt beyond a reasonable doubt.