People ex rel. Howard – Case Brief Summary (New York)

In People ex rel. Howard, 14 Misc 3d 874, 831 N.Y.S.2d 869 (Sup. Ct. Bx. County, 2007), at the preliminary hearing, the Division was not able to establish probable cause on any of the charges (all based on a single arrest) and the warrant was dismissed.

On that same date, the Division filed a second warrant which contained a new charge based on that same arrest.

In sustaining the writ, the court held that, as a matter of due process and fundamental fairness, where all of the violations arise out of the same incident, and there is no legitimate reason for not including the violations together in one warrant, the charges should be brought together.