Mimi Rocah decries Judge Matthew J. Costa’s “improper arrogation of power”. He scoffs, citing plain language of CPL 245
WHITE PLAINS, NY (July 28, 2022) — The Westchester County prosecutors office says the flawed decisions of a New Rochelle Judge to toss out vital evidence in two cases is an “improper arrogation of power” and brings into question her “future ability to enforce the law in New Rochelle”. The Judge scoffed at the claims in a recent court filing. He says he is applying the plain language of a new state law, which requires prosecutors to turn over more discovery material within a faster timeline.
As a progressive prosecutor and former MSNBC Contributor, the Discovery for Justice Reform Act which radically altered the rules for discovery in New York courts is the sort of criminal justice reform many would expect the liberal District Attorney to support.
Apparently not.
In an extraordinary legal maneuver, Westchester District Attorney Mimi Rocah initiated an Article 78 proceeding against New Rochelle Judge Matthew J. Costa in New York State Supreme Court in White Plains. The Article 78 seeks a seldom requested “writ of prohibition” to prevent Costa from enforcing his decisions to preclude evidence and testimony in two drunk driving cases, which Rocah says amount to an “improper arrogation of power terminating a prosecution without authority”.
Rocah contends Costa’s decisions have much wider implications beyond the two DWI cases, and speak to the District Attorney’s “future ability to enforce the law in the City of New Rochelle”.