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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - CRIMINAL - TAP PEOPLE OF THE STATE OF NEW YORK,

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- against 5

MEILECH SCHNITZLER, 7
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(Plea)

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Defendant.

Indictment No:

10648-12

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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

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Barry Eskenazi - Senior Court Reporter 23 24 25

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THE CLERK:

This is number seven on the TAP

calendar, indictment 10648 of 2012, Meilech Schnitzler. MR. FRIED: Israel Fried, Fried & Rokosz,

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247 West 36th Street, New York, New York, for Mr. Schnitzler. Good morning. For the office of the District Good morning. Hi. Can we approach? Yes.

MR. FARKAS: Attorney, Ari Farkas. THE COURT: MR. FARKAS: THE COURT:

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(Whereupon, a bench conference was held off the record.) MR. FRIED: THE COURT: We're good to go. All right. So I understand the

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People have made an offer of assault in the second degree, with a promised sentence of five years probation, with a final order of protection; is that correct? MR. FARKAS: THE COURT: Yes, your Honor. All right. I understand that your

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client would like to take that plea? MR. FRIED: THE COURT: time? That is correct, your Honor. Do you have an application at this

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MR. FRIED:

I do, your Honor.

At this time my

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client authorizes me to withdraw any and all previously entered pleas of not guilty, and after much discussion and negotiations he is now authorizing me to plead guilty to Penal Law section 120.05, subsection 2 1 that is assault in the second degree, an E felony, in full

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satisfaction of this indictment, with the understanding that he will receive five years probation. (Brief pause.) THE CLERK: (Whereupon clerk of the court.) THE CLERK: State your name for the record. My name is Meilech Schnitzler.
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Raise your right hand. defendant was duly sworn by the

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THE DEFENDANT: THE COURT:

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All right, sir

I'm Judge

Riviezzo, and your attorney tells me at this time you wish to plead guilty to a felony assault in the second degree, with a promised sentence of five years jail -- excuse me -- five years probation -- I'm so sorry -- five years probation, with a final order of protection. THE DEFENDANT: Yes.

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THE COURT: Is there also a waiver of his right to appeal? (Whereupon, defense counsel conferred with

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defendant off the record.) THE COURT: his

~ight

Mr. Farkas, is there a waiver of

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to appeal? MR. FARKAS: MR. FRIED: THE COURT: Yes. Yes, he waives. Have you had enough time to

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discuss this disposition with your attorney, sir? THE DEFENDANT: THE COURT: Yes.

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Have you been satisfied with your

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legal representation so far? THE DEFENDANT: THE COURT: Yes.

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By pleading guilty, sir, you're At any time you don't

UPI

giving up certain rights.

understand the rights that you're giving

just stop

me and either I or your lawyer will describe them to

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all right? THE DEFENDANT: THE COURT: Yes.

By pleading guilty, you're giving

up your right to a jury trial, do you understand that? THE DEFENDANT: THE COURT: Yes.

You're giving up your right to

have your attorney cross-examine the witnesses that the People would have to bring in to prove your guilt beyond a reasonable doubt, do you understand that? THE DEFENDANT: Yes.

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THE COURT:

You're giving up your right to

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have your attorney bring in witnesses to testify on your behalf, do you understand that? THE DEFENDANT: THE COURT: Yes.

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And lastly, you're giving up your

right to remain silent, which means you would not have to admit to this offense, as you're about to do during the plea, do you understand that? THE DEFENDANT: THE COURT: Yes.

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Also, sir, if you are not a U.s.

citizen, the law requires that I tell you that you could face deportation for this offense, do you understand, sir? THE DEFENDANT: THE COURT: Yes.

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All right, sir, it's alleged that

on December 11, 2012, at approximately 12 o'clock P.M., in the area of 311 Roebling Street, here in Kings County, with the intent to cause physical injury to Nathan Rosenberg, you caused injury to him by means of a dangerous instrument. Specifically, it's alleged, sir, is that true, sir?

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that you threw bleach in his face, THE DEFENDANT: THE COURT: Yes.

Are you pleading guilty, sir,

because you are in fact guilty? THE DEFENDANT: Yes.

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THE COURT:

Has anyone forced you or

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threatened you to get you to plead guilty? THE DEFENDANT: THE COURT: No.

And the only promise made to you

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is a promised sentence of five years probation, with a final order of protection, and a waiver of your right to appeal; is that correct? THE DEFENDANT: THE COURT: People? MR. FARKAS: THE COURT: defendant? MR. FRIED: THE COURT: Yes. All right, sir, ordinarily the Yes, your Honor. Is that plea acceptable to the Yes.

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Is that plea acceptable to the

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defendant has a right to appeal certain legal issues to a higher court, however, by signing this waiver of your right to appeal, which you just did in open court, in the presence of your attorney, you're giving up certain rights, separate and distinct from the rights that you just gave up by pleading guilty. waiver that you signed? THE DEFENDANT: THE COURT: Yes. Did you understand the

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Do you need any additional time to

discuss the waiver with your attorney?

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THE DEFENDANT: THE COURT:

No.

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Do you have any questions for me

or your attorney about your waiver of your right to appeal? THE DEFENDANT: THE COURT: to appeal voluntarily? THE DEFENDANT: THE COURT: Yes. No.

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And you are giving up your right

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Let the record reflect I'm signing

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the waiver, having found that Mr. Schnitzler -- is that correct? MR. FRIED: THE COURT: That's correct. -- has given up the right to

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appeal voluntarily (handing to court officer) . (Court officer handing to both counsel.) THE COURT: THE CLERK: THE COURT: THE CLERK: record. THE DEFENDANT: THE CLERK: you, your attorney? THE DEFENDANT: THE CLERK: Yes. Meilech Schnitzler. You want to enter the plea? I'm sorry. That's okay. Sir, state your name again for the

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Is Mr. Fried, who stands beside

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You are advised that on the date

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of sentencing a mandatory surcharge, a crime victim assistance fee, and a DNA fee will be imposed as required by section 60.35 of the Penal Law. Do you now withdraw your previously entered plea of not guilty, under indictment 10648 of 2012, and do you now plead guilty to the crime of assault in the second degree, a class E felony, the indictment? THE DEFENDANT: THE CLERK: Yes. in full satisfaction of

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Is that what you want to do? Yes.

THE DEFENDANT: THE CLERK: THE COURT: right? THE CLERK: THE CLERK: THE COURT: MR. FARKAS: after that. MR. FRIED: THE COURT: MR. FARKAS: THE COURT: All right. Yes.

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Plea is entered. We need a probation report,

June 9th or later. How is June 9th? I can't do the 9th, but any date

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June 18th? June 18th. In TAP? Yes. It will stay here.

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Good luck to you, sir. Thank you, your Honor.

THE DEFENDANT:

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(Whereupon, proceedings were concluded.)

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I, Barry Eskenazi, Senior Court Reporter, do hereby certify that the foregoing is a true and correct transcript.

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-----~~~-~----Barry Eskenazi Senior Court Reporter

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