1 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK PART C 2 3 on | -against- + Docket No.: : 4 2018NY002276 JACQUELINE COOKE, : 5 Defendant 6 ----------- 2-2 Lee Proceedings 7 100 Centre street New York, New York 19013 8 October 23, 2018 9 BEFORE: 20 THE HONORABLE HERBERT MOSES, Judge n APPEARANCES: a2 FOR THE PEOPLE: 43 CYRUS R. VANCE, JR. 14 District Attorney New York County One Hogan Place as New York, New York 10013 16 BY: SARAH MCATBER, ESQ. 7 FOR THE DEFENDANT: ae KAUFE LATON MILLER LLP qs Attorneys for Defendant 950, Third Avenue 20 New York, New York 10022 21 BY: 22 23 24 25 Joann Martinez, Official Court Reporter12 13 14 15 16 17 18 19 20 21 22 23 24 2s PROCEEDINGS COURT OFFICER: Calendar number 5, Jacqueline Cooke. MR. MILLER: Good morning, Your Honor. Adam Miller, Kauff Laton and Miller, 950 Third avenue, New York, New York, for Ms. Cooke, MS. MCATEER: Sarah McAteer, for the People. .Good morning, Your Honor. THE COURT: Good morning. Are we ready for trial today? MS. NCATEER: Good morning, We have a disposition today, People are offering a disorderly conduct, Penal Law 240.20, with three days of community service. That community service can be done privately if it is pre-approved by my office, and must be a legitimate full three days of community service. We are making this offer after an extensive investigation including numerous witness interviews, viewing video surveillance, many factors including the nature of the injury suffered by the complainant, several of the witnesses are young, live out of state, the defendant's limited criminal history, and the fact the complainant is amenable to this disposition. THE COURT: Do we have a disposition? MR. MILLE We do. THE COURT: Enter the plea. Joann Martinez, Official Court ReporterO G a 12 13 16 17 18 19 20 a1 22 24 25 PROCEEDINGS MR. MILLER: At this time, my client withdraws her previously entered plea of not guilty and enters a plea of gu y to Penal Law Section 240.20, a violation not a crime, with the understanding she will perform three days of community service, and this plea will not give her a criminal record. THE COURT: Alright. Thank you very much. You waive prosecution by information, formal allocution? MR. MILLE! Yes, I do, Your Honor, THE COURT: Thank you. Good morning, Ms. Cooke. THE DEFENDANT: Good morning. THE COURT: Your attorney tells me you wish to plead guilty to the added, reduced charge of Penal Law Section 240.20, That's also known as disorderly conduct, It is a violation not a crime. Is that what you would like to do? TRE DEFENDANT: Yes, Your Honor. THE COURT: Are you pleading guilty voluntarily and of your own free will? THE DEFENDANT: Yes, Your Honor. THE COURT: Have you had enough time to discuss this guilty plea with your lawyer? THE DEFENDANT: Yes, Your Honor. Joann Martinez, Official Court Reporter10 1 12 13 ud 15 16 7 18 19 20 a1 22 23 24 25 PROCEEDINGS THE COURT: Are you pleading gi you are guilty? THE DEFENDANT: Because what? THE COURT: Are you pleading guilty because you are guilty? THE DEFENDANT: Yes. Yes, Your donor. Sorry. THE COURT: It's okay. I know you're nervous. It's fine. In this case you could have had a trial where you could have called witnesses, your lawyer could have cross-examined witnesses against you, you could have testified or remained silent. However, when you plead guilty you waive all these trial rights. Ts that what you would like to do? THE DEFENDANT: Yes, Your Honor, THE COURT: I accept your plea. Is there anything you want to say before I sentence you? THE DEFENDANT: No. Thank you. THE COURT: Your sentence is a conditional discharge, meaning you have to do three days of private community service. You will find, hopefully, a not-for-profit organization and perform that community service, Remember, the People are saying they want to Pre-approve the place where you want to do the community service, Your attorney will tell them first. Joann Martinez, Official Court Reporter10 ag 13 14 15 16 17 18 19 20 a1 22 23 24 25 PROCEEDINGS They will hopefully say yes, that'a fine, and then you will do your community servics. Okay? THE DEFENDANT: Yes, THE COURT: You're going to come back to court on January 2nd to show proof that you've done the three days of community service. There is a mandatory Surcharge of $120.00. Would you like to pay that today or wait until January 2na? THE DEFENDANT; 1'11 wait until January 2nd. THE COURT: That's fine. Alright, have a seat and wait for papers, THE DEFENDANT: Thank you, Your Honor. Certified to, we and accurate transcript, Joadn Martinez, offic> ‘Out Reporter Joann Martinez, Official Court Reportex .