People v. C.B. (Yates Co. Ct., 2/27/18)

          In a second matter, Mr. Corletta assisted a client with a serious illness that rendered the client unable to speak or travel, by invoking caselaw from the State’s highest Court to avoid unnecessary and burdensome Court appearances.

          In that case, Mr. Corletta’s client had a complete Laryngectomy, and was hooked up to a feeding tube. Nevertheless, due to the relative seriousness of the crimes charged, the Court was reluctant to waive the client’s appearance for purposes of disposition or sentencing.

          Undaunted, Mr. Corletta invoked recent precedent from the State’s highest Court, which the Court was unaware of, which specifically allowed an express waiver of appearance without even a written Affidavit, if made through counsel.

          Here, Mr. Corletta personally visited his client in a remote location, as the client was confined due to illness. Mr. Corletta obtained a written waiver of appearance for sentencing. The Court not only accepted the waiver, but sentenced the client only to a period of probation, and waived many of the other requirements based upon the client’s illness.

          Mr. Corletta’s client's illness was serious, as his client could not speak or travel, due to the medical equipment the client was hooked up to. Mr. Corletta’s efforts were greatly appreciated by the client and the client's family, who resided out of state.