Sergio De La Pava - A Naked Singularity

People do you have any information about whether the complainant visited the defendant in the hospital and tried to resume their friendship?

No your honor.

Bail is set in the amount of fifteen thousand dollars… fifteen thousand, United States currency only, and the case is adjourned to the 180.80 date in Part F.

P.D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Next case is docket ending 651— People versus Terrens Lake . Defendant is charged with Criminal Sale of a Controlled Substance in the Third Degree on the sworn complaint of Officer O’Dell. Counsel waive the reading of the rights and charges but not the rights thereunder?

Yes.

People any notices?

People are serving 190.50 felony grand jury notice. People are also therving identification notice. There was a confirmatory identification done by undercover officer 6475 at 23:12 hours at the corner of 147th and Amsterdam. The people are requesting bail in the amount of five thousand dollars. This is an undercover buy and bust and the defendant has another open sale on which he pled guilty and has yet to be sentenced. That case is on for sentencing in two weeks in Part 29.

Counsel?

Any buy money or stash recovered?

People?

Your honor there was no prerecorded buy money or drugs recovered from this defendant.

So it’s a weak case against my client who denies that he made a sale. I’m serving cross grand jury notice on the people and I’m asking that you release him to the custody of his mother who is in the courtroom. He hasn’t been sentenced on his other case so he’s not a predicate. He’s sixteen years old and therefore still eligible for YO and probation not withstanding this new case. You’ll note judge that on his other case he made all his court dates so he’s shown that he will return to court if released. As I mentioned his mother is in the courtroom and she’s verified that he lives with his grandmother at 2218 Amsterdam Avenue. She doesn’t have any money for bail but given the weakness of the people’s case, his verified ties, and his age, I’m asking that you release him on his own recognizance.

Why did he tell CJA he lives with his girlfriend; which CJA was unable to verify?

He stays in both places but his primary residence is with his grandmother.

Bail is set in the amount of twenty-five hundred dollars, cash only… cash. Case is adjourned to 180.80 date in Part N.

P. D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Next case is docket ending 649— People versus Glenda Deeble . Co-defendant’s case will be done at a later time. Defendant is charged with Criminal Sale of a Controlled Substance in the Fourth Degree on the sworn complaint of Officer Gooly. Counsel waive the reading of the rights and charges but not the rights thereunder?

Yes.

People any notices?

People are serving 190.50 felony grand jury notice. People are also serving statement notice. The defendant stated in sum and substance to the arresting officer at the 23rd precinct at 23:20 hours: I’ve been arrested for this before, nobody saw what we were doing. People are serving identification notice at this time. There was a confirmatory identification done by undercover officer 2516 at 22:55 hours at the corner of Canal and Hudson. People are requesting that bail be set in the amount of ten thousand dollars. The defendant is a predicate felon with an extensive criminal history for prostitution cathes including one just two weeks ago. She also has a warrant history and has used several different names in the past. This is a strong case where prerecorded buy money was recovered from the co-defendant and stash was recovered from this defendant. For those reasons we are requesting that bail be set in the amount of ten thousand dollars.

Counsel?

I’m serving cross grand jury notice on the people and I’m requesting that you release my client. Frankly, the amount of the people’s bail request is absurd in its excess. First, this is an extremely weak case against my client. Even if the allegations contained in the complaint are taken to be true, it is the codefendant who exchanges methadone with the undercover and it is the codefendant who takes money from the undercover and, in fact, that’s where the prerecorded money is recovered at the time of the arrests. The people’s allegation that my client had stash on her at the time of the arrest is borderline disingenuous or at least not fully ingenuous let’s say. We know that the way these buy and busts work is that an undercover posing as an addict will approach people as they leave their methadone clinic on a day when they will be receiving an extra bottle. Therefore the fact that when my client is arrested she is in possession of methadone is not evidence of guilt but rather of innocence. If she had intended to sell her methadone then one would expect that she would have done so since she was obviously in the immediate vicinity of a willing buyer. So the characterization of the methadone that she possessed as stash is plainly incorrect. In the absence of any concrete evidence, what the people are left to allege is that my client looked up and down the street while the codefendant made the sale. That is clearly insufficient to constitute acting in concert judge. So I believe that this will ultimately prove to be a legally insufficient case and I would be shocked if the DA actually presented this case to the grand jury with respect to my client. As far as her personal circumstances are concerned you can see that she’s obviously pregnant with her first child. She’s in very poor health having only recently been released from the hospital following transfusions necessitated by hepatitis. Additionally, she also has a terminal illness that she’s on medication for. As far as her community ties, although CJA failed to confirm them, she has shown me identification from the hotel she lives in with her husband and which is provided by D.A.S. Given these factors, she’s obviously not going to be able to make any bail so I ask you to release her judge.

Are you requesting medical attention?

I’m requesting that you release her which is the obvious—

I’m not doing that. Bail is set in the amount of five thousand dollars. Case is adjourned to the 180.80 date in Part N, that’s N as in narcotics… narcotics.

Your honor why are you setting bail on such a weak case; where’s she going to go?

Counsel, bail is set and I’m not going to listen to any further argument.

Well why not make five thousand the bond amount and set a far lower cash alternative.

I would characterize what you just said as further argument.

More like incredulity at your ruling.

Well keep expressing it and you’re going to see the bail double.

In that case, being that my pregnant, terminally ill client is going to be incarcerated on this airtight, earth-shatteringly serious case I am requesting medical attention.

Medical attention ordered.

P. D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Next case is docket ending 653— People versus Ben Glenn . Defendant is charged with Criminal Mischief in the Fourth Degree on the sworn complaint of Officer Jackson. Counsel do you waive the reading of the rights and charges but not the rights thereunder?

Yes.

People notices?

People are serving statement notice. The defendant stated, in thum and substance to the arresting officer at the time and place of arrest:

I kicked in the window for sure .

But look in me and see that my motives were pure .

Your honor the people are requesting that the defendant be 730’d. Apparently, the officers in this case indicate that the defendant was speaking very strangely and I see that his previous case was dismissed following a 730 examination.