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    Nancie Naedele Orticelli
    This memorandum responds to defense motions related to a criminal case against Nicholas J. Orticelli in West Seneca, New York. The prosecutor argues that they have broad discretion in determining charges and prosecuting cases. They chose to file an aggravated harassment charge based on the evidence. The memorandum asks the court to deny the defense motions and grant the prosecution's motions.

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    Jo 3

    Uploaded by

    Nancie Naedele Orticelli
    63 views2 pages
    This memorandum responds to defense motions related to a criminal case against Nicholas J. Orticelli in West Seneca, New York. The prosecutor argues that they have broad discretion in determining charges and prosecuting cases. They chose to file an aggravated harassment charge based on the evidence. The memorandum asks the court to deny the defense motions and grant the prosecution's motions.

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    This memorandum responds to defense motions related to a criminal case against Nicholas J. Orticelli in West Seneca, New York. The prosecutor argues that they have broad discretion in determining charges and prosecuting cases. They chose to file an aggravated harassment charge based on the evidence. The memorandum asks the court to deny the defense motions and grant the prosecution's motions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    63 views2 pages

    Jo 3

    Uploaded by

    Nancie Naedele Orticelli
    This memorandum responds to defense motions related to a criminal case against Nicholas J. Orticelli in West Seneca, New York. The prosecutor argues that they have broad discretion in determining charges and prosecuting cases. They chose to file an aggravated harassment charge based on the evidence. The memorandum asks the court to deny the defense motions and grant the prosecution's motions.

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    STATE OF NEW YORK

    TOWN OF WEST SENECA : COUNTY OF ERIE

    THE PEOPLE OF THE STATE OF NEW YORK


    MEMORANDUM
    v.
    Complaint No. 19-903583
    NICHOLAS 1. ORTICELLI,
    Defendant

    STATE OF NEW YORK )


    COUNTY OF ERIE ) ss.
    TOWN OF WEST SENECA)

    MEGAN E. MAHONEY, being duly sworn, deposes and says:

    1. Your deponent is an attorney duly admitted to the practice oflawin the State of New

    York.

    2. Your deponent is an Assistant District Attorney, appearing of counsel to JOHN 1.

    FLYNN, District Attorney of Erie County, on behalf of the People of the State of New York.

    3. Your deponent makes this Memorandum in response to the motions of James

    Ostrowski, Esq., attorney for defendant, NICHOLAS J. ORTICELLI, dated April 18, 2019 and July

    12,2019.

    4. Unless otherwise stated herein, this memorandum is made upon information and

    belief, the source of which is your deponent's investigation of the confidential file of the District

    Attorney's Office, records of all the proceedings heretofore had, a reading of the moving papers filed

    herein, and conversations with witnesses hereto.

    5. Unless expressly acknowledged, the People disclaim, dispute and contest each and

    every allegation and representation contained in defense counsel's motion.


    PROSECUTORIAL DISCRETION

    6. It is well-settled that "The District Attorney has broad discretion in determining when

    and in what manner to prosecute a suspected offender" (People v Di Falco, 44 NY2d 482, 486

    [1978]). The very nature of a prosecutor requires "the exercise of judgment and discretion in their

    performance." Id. Moreover, "a District Attorney is empowered with the authority to prosecute

    criminal offenses in the county for which he is elected. In executing his statutory duty, a District

    . Attorney has wide latitude to decide the manner in which crimes are prosecuted, including the

    reduction, amendment, or addition of charges" (People v Algomai, 48 Misc3d 760, 762 [NY Sup Ct

    2015]).

    7. Here, given the evidence, "broad discretion," and "wide latitude" in which the District

    Attorney has to prosecute crimes, aggravated harassment in the second degree (Penal Law

    §240.30[1][aJ) was filed as a superseding information.

    OTHER MOTIONS

    8. The People oppose any and all future motions as same would violate the omnibus

    motion rule contained in Article 255 of the Criminal Procedure Law.

    9. WHEREFORE, the People respectfully request that an Order be granted denying

    defendant's motion in all respects and granting the People's motion in all other respects.

    Subscribed and Sworn to before me


    thi 3rd ay of Decemb , 019. Tanya S. Bu<;ze.
    ,.',mary Public, State of New Yor..
    Registration No. 01 BU61 i 2948
    Qualified in Erie COIJnty '1n
    ···~vr;nmmission ExpiresJu~v 19. 2{;~
    Notary Public, tate of New York . -
    Qualified in Erie County
    My Commission Expires on 7119/2020.

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