People v. Algomai

OPINION OF THE COURT

Mary V. Rosado, J.

Defendant is charged with violating the cigarette and tobacco products tax found in Tax Law § 1814 (b), and the cigarette tax found in Administrative Code of City of NY § 11-4012 (b). By motion dated April 26, 2015, defendant requests a prospective ruling that the Office of the District Attorney of Bronx County does not have the authority to require prepayment of a statutory tax penalty, pursuant to Tax Law § 481 (1) (b), as a condition of a plea offer. He further moves for an order preventing the District Attorney of Bronx County from conditioning a plea…