Schnitzler Plea Deal Minutes

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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

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- 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?

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- 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

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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?


9 THE COURT: Have you been satisfied with your

10 legal representation so far?


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?


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?


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- 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?


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?


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?


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?


23 THE COURT: Are you pleading guilty, sir,

24 because you are in fact guilty?


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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?


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?


24 THE COURT: Do you need any additional time to

25 discuss the waiver with your attorney?

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- Proceedings -


2 THE COURT: Do you have any questions for me

3 or your attorney about your waiver of your right to

4 appeal?


6 THE COURT: And you are giving up your right

7 to appeal voluntarily?


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?


25 THE CLERK: You are advised that on the date

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- 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?


10 THE CLERK: Is that what you want to do?


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.

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1 (Whereupon, 2

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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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