UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
COPY
UNITED STATES OF AMERICA
ORDER OF CONTINUANCE
JOSEPH PERCOCO,
a/k/a “Herb,” :
ALAIN KALOYEROS, 16 Mag. 6005
a/k/a “Dr. K,” :
PETER GALBRAITH KELLY, JR.,
a/k/a “Braith,”
STEVEN AIELLO,
JOSEPH -GERARDI,
LOUIS CIMINELLI,
MICHAEL LATPPLE, and
KEVIN SCHULER,
Upon the application of the United States of america
and the affirmation of Janis M. Echenberg, Assistant United
States Attorney for the Southern District of New York, it is
found that JOSEPH PERCOCO, a/k/a “Herb,” ALAIN KALOVEROS, a/k/a
‘Dr. K,” PETER GALBRAITH KELLY, JR., a/k/a “Braith,” STEVEN
AIELLO, JOSEPH GERARDI, LOUIS CIMINELLI, MICHAEL LAIPPLE, and
KEVIN SCHULER, the defendants, were arrested on September 22,
2016 pursuant to a complaint dated september 20, 2016. The
complaint charged the defendants as follows: (i) PERCOCO was
charged with violating Title 18, United States Code, Sections
666, 1349, 1951 and 2; (ii) KALOYEROS was charged with violatingTitle 18, United States Code, Section 1349; (iii) KELLY was
charged with violating Title 18, United States Code, Sections
666, 1349 and 2; (iv) AIELLO and GERARDI were charged violating
Title 18, United states Code, Sections 666, 1001, 1349 and 2;
and (v) CIMINELLI, LAIPPLE and SCHULER were charged with
violating Title 18, United States Code, Sections 666, 1349, and
2
It is further found that the defendants were presented
as follows: (i) on September 22, 2016, PERCOCO, who was represented
by Barry Bohrer, Esq., KALOYEROS, who was represented by Michael
Miller, Esq., and KELLY, who was represented by Dan Gitner, Esq.,
were presented before Magistrate Judge Sarah Netburn, and released
on bail conditions; (44) on October 3, 2016, CIMINELLI, who was
represented by Daniel Oliverio, Esq., LAIPPLE, who was represented
by Herbert Greenman, Esq., and SCHULER, who was represented by
Terrence Connors, Esq., were presented before Magistrate Judge
Ronald L, Bllis, and released on bail ‘conditions; and (iii) on
October 14, 2016, ATELLO and GERARDI, who were both represented by
Stephen Coffey, Esq., were presented before Magistrate Judge
Barbara Moses, and released on bail conditions.*
2 when initially arrested on September 22, 2016, CIMINBLLI, LATPPLE, and
SCHULER were presented before a Magistrate Judge in the Western District of
New York, while AIELLO and GERARDI were presented before a Magistrate Judge
in the Northern District of New York.It is further found that counsel for the Government have
been engaged, and continue to be engaged in, discussions concerning
possible dispositions in this case with counsel for the defendants;
It is further found that the Government has requested a
continuance of 30 days with respect to PERCOCO, KALOYEROS, KELLY,
CIMINELLI, LATPPLE and SCHULER, and a continuance of nine days
with respect to ‘AIELLO and GERARDI, to engage in further
discussions with counsel about the disposition of this case and
that each of the defendants, through counsel, has consented that
such a continuance may be granted for that purpose and has
specifically waived his respective right to be charged in an
indictment or information for an additional 30 days or nine days
as the case may be; and
It is further found that the granting of such a
continuance best serves the ends of justice and outweighs the best
interests of the public and the defendant in a speedy trial; and
therefore it isORDERED that the request for a-continuance pursuant to
18 U.S.C. § 3161(h) (7) (A) is -hereby granted until November 23,
2016, and that a copy of this Order and the affirmation of
Assistant United States Attorney Janis M. Echenberg be served by
mail on this date on counsel for the defendant by the United states
Attorney's Office.
Dated: New York, New York
October 24, 2016
S/Kevin Nathaniel Fox
HONORABLE KEVIN NATHANIEL FOX
UNITED STATES, MAGISTRATE, JUDGE