10 Ha 12 13 14 15 16 alg) 18 19 20 21 22 ao) 24 STATE OF NEW YORK ALBANY COUNTY COURT THE PEOPLE OF THE STATE OF NEW YORK -against- BAIL ALFRED ZWACK, Defendant. BEFORE: HON. THOMAS A. BRESLIN, Albany County Court Judge. APPEARANCES: For People: HON. P. DAVID SOARES District Attorney Albany County Judicial Center Albany, NY 12207 By MARY TANNER-RICHTER, ESQ. Assistant District Attorney For Defendant: JOSEPH McCOY, ESQ. Retained Counsel Appearing on behalf of the Defendant. TRANSCRIPT OF PROCEEDINGS in the above-entitled matter held at the Albany County Judicial Center, Albany, New York, commencing on December 14, 2011. (David Mayo, Official Court Reporter)10 lat 13 14 15 16 A 18 20 21 22! 23 24 (People v. Zwack) 2 (The proceedings were convened in open court as follows:) THE COURT: Alfred Zwack. You are Alfred Zwack? THE DEFENDAN : Yes, your Honor THE COURT: Here with your attorney Mr. McCoy. People are represented by Miss Tanner-Richter. This matter comes on for consideration of the bail application that Mr. McCoy has filed on your behalf. I reviewed it last night. Mr. McCoy, all the information you wanted me to consider is included in this bail application? MR. McCOY¥: Your Honor, and also just the fact that after the actual events involved herein, without actually for the record admitting any responsibility, he contacted my office, indicated that he was possibly the person who the police were looking for involved in this particular accident. I immediately called the Albany Police Department. effectuated a surrender, and he did surrender to the authorities pursuant to that agreement within 48 hours after the event. I would ask (David Mayo, Official Court Reporter10 a 12 13 1 15 16 1 1 19 20 22 23 24 (People v. Zwack) 3 the Court to consider that also when they decide the risk-of-flight situation. THE COURT: Miss Tanner-Richter, any facts you want to add and/or make a recommendation? MS. TANNER-RICHTER: Yes, your Honor, if T may. Initially, I would note that a review of the defendant's criminal history shows that he has one failure to appear as well as one probation revocation As indicated in the bail application, he had numerous arrests. They have been both felony and misdemeanor arrests. It appears as though an number of those were covered by a plea of petit larceny. It looks like it was back in June of 2010, where he had received I believe a split sentence and then he was revoked and resentenced August of 2011, as well as having a prior conviction for Aggravated Unlicensed Operation in the Third Degree I believe from 2010. It is my understanding the defendant, it is alleged, had no license here, as well as being suspended for prior I think failures to either pay a fine or appear. (David Mayo, Official Court Reporter