FILED: NEW YORK COUNTY CLERK 10/22/2018 09:07 AM INDEX NO.

159740/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/22/2018

1 CRIMBEL COURT OF THE CITY OF NEW YORK

2 COUNIT OF NEW YORK: PART JURY 1

3 THE PEOPIE OF THE STATE OF NEW YORK, :

:
4 -against :

5 :

6 Defendant. :

7 100 Centre Street

New York, New York 10013
8 February 1, 2018

10 B E F O R E:

11 THE HCHOBABT.E LYI E FRANK, Judge.

12

13
A P PE ARAN C E S:
14
OFFICE OF CYRUS VANCE, ESQ.
15 DISTRICT ATTORNEY - NEW YORK COUNIT
1 Hogan Place
16 New York, New York 10013
BY: STEPHANIE RITTER, ESQ.
17 GRETCHEN JENKINS, ESQ.
JEFFREY IEVINSON, ESQ.
1 8 Assistant District Attorney
For the People
19

20 ANDREW M. STENGEL, ESQ.

11 Broadway, Suite 615
2 1 New York, New York 10004
For the Defendant
2 2

23

2 4
SANANTHA SCDOTTO
2 5 Official Court Reporter
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/22/2018

37
PROCEEDINGS

1 and do whatever you need to do with the tape. So that I

2 think is the way to deal with that issue. And then the

3 second argument was I'm --

also, sorry

4 MS. RITTER: It should have been turned over

5 before now under the CPL.

6 THE COURT: Did you make demands? It's on

7 demand is my understanding and I think often what you do is

8 you don't respond to motions. You often just consent to

9 hearings and that's fine, but if you don't make demands my

10 --
understanding what is the section, Counsel?

11 MR. -- --
STENGEL: 240.30, but I there's I

12 didn't expect Officer Silva to be my witness before today.

13 THE COURT: Demand to produce by the Prosecutor

14 and so I don't think there's been a demand to produce.

15 MR. STENGEL: Your Honor, I want to make a side

16 note here, general venting.

17 THE COURT: ADA Ritter is consulting, so why

18 don't we wait until she's --

19 (Whereupon the Court took a brief recess.)

20 MR. LEVINSON Jeffrey Levinson for the Peop

21 So Judge, earing about this through ADA Jenkins, who was

22 in the courtroom, I'm being brought up to speed, it seems

23 Mr. Stengel is trying to impeach his own witness. You

24 can't call a witness solely for the purpose of impeachment

25 and you also can't impeach your witness unless you have a
FILED: NEW YORK COUNTY CLERK 10/22/2018 09:07 AM INDEX NO. 159740/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/22/2018

39
PROCEEDINGS

1 witnesses lied, had bias, tried to intimidate or encourage

2 a witness to say something that didn't happen. This case

3 should be dismissed and it's a really sad state of affairs.

4 MR. LEVINSON: With all due respect to Mr.

5 Stengel, trial is not where you litigate extraneous issues.

6 If it is proven that the Sergeant or the Officer perjured

7 themselves then Mr. Stengel - we have the transcript, we

8 have a disk, we have a conviction integrity branch, have

9 â list officed where - that have adverse

10 credibility findirig th t have been founci to have

11 testified falsely We disclose that to defendants, we

12 investigate that. We have an official corruption unit that

13 investigates these claims.

14 . And in the middle of a trial is not the time

15 when you introduce extrinsic evidence to try to convince a

16 Judge to make a finding about whether an officer lied. The

17 witness is supposed to be confronted, impeached and if

18 that - if the impeachment effects your Honor's decisions

19 as fact finder and defendant is acquitted that's the

20 appropriate resolution for the defendant's case. We arh

21 here to decide the defendant's guilt or non-guilt, not

22 whether officers are guilty of perjury. That's not

23 relevant for the case.

24 It would be relevant for a separate

25 investigation, in fact we would welcome such an