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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - CRIMINAL - TAP ------------------------------------------x PEOPLE OF THE STATE OF NEW YORK,
- against
MEILECH SCHNITZLER, (Plea)
Defendant. ------------------------------------------x
Indictment No: 10648-12
320 Jay Street Brooklyn, New York April 28, 2014
B E FOR E: HONORABLE DINEEN RIVIEZZO,
Supreme Court Justice
A P PEA RAN C E S: CHARLES J. HYNES, ESQ. District Attorney - Kings County BY: ARI FARKAS, ESQ., Assistant District Attorney, On behalf of the People
FRIED & ROKOSZ, LLP 247 West 36th Street New York, New York 10018 BY: ISRAEL FRIED, ESQ., On behalf of the Defendant
Barry Eskenazi - Senior Court Reporter
2
- Proceedings -.~.
1 THE CLERK: This is number seven on the TAP
2 calendar, indictment 10648 of 2012, Meilech
3 Schnitzler.
4 MR. FRIED: Israel Fried, Fried & Rokosz,
5 247 West 36th Street, New York, New York, for
6 Mr. Schnitzler. Good morning.
7 MR. FARKAS: For the office of the District
8 Attorney, Ari Farkas. Good morning.
9 THE COURT: Hi.
10 MR. FARKAS: Can we approach?
11 THE COURT: Yes.
12 (Whereupon, a bench conference was held off .~.
13 the record.)
14 MR. FRIED: We're good to go.
15 THE COURT: All right. So I understand the
16 People have made an offer of assault in the second
17 degree, with a promised sentence of five years
18 probation, with a final order of protection; is that
19 correct?
20 MR. FARKAS: Yes, your Honor.
21 THE COURT: All right. I understand that your
22 client would like to take that plea?
23 MR. FRIED: That is correct, your Honor.
24 THE COURT: Do you have an application at this
25 time?
3
- Proceedings -
1 MR. FRIED: I do, your Honor. At this time my
2 client authorizes me to withdraw any and all previously
3 entered pleas of not guilty, and after much discussion
4 and negotiations he is now authorizing me to plead
5 guilty to Penal Law section 120.05, subsection 2 1 that
6 is assault in the second degree, an E felony, in full
7 satisfaction of this indictment, with the understanding
8 that he will receive five years probation.
9 (Brief pause.)
10 THE CLERK: Raise your right hand.
11 (Whereupon l defendant was duly sworn by the
12 clerk of the court.) '~"
13 THE CLERK: State your name for the record.
14 THE DEFENDANT: My name is Meilech Schnitzler.
15 THE COURT: All right, sir l I'm Judge
16 Riviezzo, and your attorney tells me at this time you
17 wish to plead guilty to a felony assault in the second
18 degree, with a promised sentence of five years
19 jail - excuse me - five years probation - I'm so
20 sorry - five years probation, with a final order of
21 protection.
22 THE DEFENDANT: Yes.
23 THE COURT: Is there also a waiver of his right
24 to appeal?
25 (Whereupon, defense counsel conferred with
4
- Proceedings -
1 defendant off the record.)
2 THE COURT: Mr. Farkas, is there a waiver of
3 his ~ight to appeal?
4 MR. FARKAS: Yes.
5 MR. FRIED: Yes, he waives.
6 THE COURT: Have you had enough time to
7 discuss this disposition with your attorney, sir?
8 THE DEFENDANT: Yes.
9 THE COURT: Have you been satisfied with your
10 legal representation so far?
11 THE DEFENDANT: Yes.
12 THE COURT: By pleading guilty, sir, you're
13 giving up certain rights. At any time you don't
14 understand the rights that you're giving UPI just stop
15 me and either I or your lawyer will describe them to
16 you 1 all right?
17 THE DEFENDANT: Yes.
18 THE COURT: By pleading guilty, you're giving
19 up your right to a jury trial, do you understand that?
20 THE DEFENDANT: Yes.
21 THE COURT: You're giving up your right to
22 have your attorney cross-examine the witnesses that the
23 People would have to bring in to prove your guilt beyond
24 a reasonable doubt, do you understand that?
25 THE DEFENDANT: Yes.
5
- Proceedings -
1 THE COURT: You're giving up your right to
2 have your attorney bring in witnesses to testify on your
3 behalf, do you understand that?
4 THE DEFENDANT: Yes.
5 THE COURT: And lastly, you're giving up your
6 right to remain silent, which means you would not have
7 to admit to this offense, as you're about to do during
8 the plea, do you understand that?
9 THE DEFENDANT: Yes.
10 THE COURT: Also, sir, if you are not a U.s.
11 citizen, the law requires that I tell you that you could
12 face deportation for this offense, do you understand,
13 sir?
14 THE DEFENDANT: Yes.
15 THE COURT: All right, sir, it's alleged that
16 on December 11, 2012, at approximately 12 o'clock P.M.,
17 in the area of 311 Roebling Street, here in Kings
18 County, with the intent to cause physical injury to
19 Nathan Rosenberg, you caused injury to him by means of a
20 dangerous instrument. Specifically, it's alleged, sir,
21 that you threw bleach in his face, is that true, sir?
22 THE DEFENDANT: Yes.
23 THE COURT: Are you pleading guilty, sir,
24 because you are in fact guilty?
25 THE DEFENDANT: Yes.
6
- Proceedings -..~
1 THE COURT: Has anyone forced you or
2 threatened you to get you to plead guilty?
3 THE DEFENDANT: No.
4 THE COURT: And the only promise made to you
5 is a promised sentence of five years probation, with a
6 final order of protection, and a waiver of your right to
7 appeal; is that correct?
8 THE DEFENDANT: Yes.
9 THE COURT: Is that plea acceptable to the
10 People?
11 MR. FARKAS: Yes, your Honor.
12 THE COURT: Is that plea acceptable to the
13 defendant?
14 MR. FRIED: Yes.
15 THE COURT: All right, sir, ordinarily the
16 defendant has a right to appeal certain legal issues to
17 a higher court, however, by signing this waiver of your
18 right to appeal, which you just did in open court, in
19 the presence of your attorney, you're giving up certain
20 rights, separate and distinct from the rights that you
21 just gave up by pleading guilty. Did you understand the
22 waiver that you signed?
23 THE DEFENDANT: Yes.
24 THE COURT: Do you need any additional time to
25 discuss the waiver with your attorney?
7
- Proceedings -
1 THE DEFENDANT: No.
2 THE COURT: Do you have any questions for me
3 or your attorney about your waiver of your right to
4 appeal?
5 THE DEFENDANT: No.
6 THE COURT: And you are giving up your right
7 to appeal voluntarily?
8 THE DEFENDANT: Yes.
9 THE COURT: Let the record reflect I'm signing
10 the waiver, having found that Mr. Schnitzler - is
11 that correct?
12 MR. FRIED: That's correct.
13 THE COURT: - has given up the right to
14 appeal voluntarily (handing to court officer) .
15 (Court officer handing to both counsel.)
16 THE COURT: You want to enter the plea?
17 THE CLERK: I'm sorry.
18 THE COURT: That's okay.
19 THE CLERK: Sir, state your name again for the
20 record.
21 THE DEFENDANT: Meilech Schnitzler.
22 THE CLERK: Is Mr. Fried, who stands beside
23 you, your attorney?
24 THE DEFENDANT: Yes.
25 THE CLERK: You are advised that on the date
8
- Proceedings -
1 of sentencing a mandatory surcharge, a crime victim
2 assistance fee, and a DNA fee will be imposed as
3 required by section 60.35 of the Penal Law.
4 Do you now withdraw your previously entered
5 plea of not guilty, under indictment 10648 of 2012, and
6 do you now plead guilty to the crime of assault in the
7 second degree, a class E felony, in full satisfaction of
8 the indictment?
9 THE DEFENDANT: Yes.
10 THE CLERK: Is that what you want to do?
11 THE DEFENDANT: Yes.
12 THE CLERK: Plea is entered.
13 THE COURT: We need a probation report,
14 right?
15 THE CLERK: Yes.
16 THE CLERK: June 9th or later.
17 THE COURT: How is June 9th?
18 MR. FARKAS: I can't do the 9th, but any date
19 after that.
20 MR. FRIED: June 18th?
21 THE COURT: June 18th.
22 MR. FARKAS: In TAP?
23 THE COURT: Yes. It will stay here.
24 All right. Good luck to you, sir.
25 THE DEFENDANT: Thank you, your Honor.
9
- Proceedings
1 (Whereupon,
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proceedings were concluded.)
18 I, Barry Eskenazi, Senior Court Reporter, do hereby
19 certify that the foregoing is a true and correct
20 transcript.
21 -----~~~-~-----22 Barry Eskenazi
23 Senior Court Reporter
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