A criminal defendant sought dismissal of a criminal charge for aggravated harassment in the second degree. An issue arose after law enforcement identified defendant using facial recognition technology operated by the FDNY, rather than approved NYPD methods. The investigation included unauthorized use of Clearview AI software and unlawful access to DMV records, which led to a digitally altered photo being included in a lineup that resulted in defendant’s identification.
Defendant asked the court to dismiss the case, arguing that the government violated its discovery obligations and denied defendant a speedy trial. Defendant claimed that critical evidence, including AI-generated facial recognition materials and records showing how the DMV photo was altered, had not been disclosed in time and that the government had failed to act with due diligence in obtaining and producing them.
The court ruled that the criminal case must be dismissed. It found that the government failed to file a valid certificate of compliance and was not ready for trial within the time limits required by New York’s speedy trial statute.
The court ruled this because the government relied on investigative tools that violated both policy and law, including the use of unauthorized AI facial recognition and improper access to protected DMV data. The government also failed to adequately pursue and disclose relevant records from FDNY and NYPD sources. The court concluded that the government’s handling of the investigation and discovery process showed a lack of reasonable diligence. The cumulative failures deprived defendant of the timely and fair process guaranteed by law.
People v. Zuhdi A., 86 Misc.3d 1227(A), 2025 WL 1790657 (Crim Ct, NY County, June 17, 2025).