DISTRICT ATTORNEY

KINGS COUNTY
350 JAY STREET
BROOKLYN, NY
11201-2908
(718) 250-2000
WWW.BROOKLYNDA.ORG

Eric Gonzalez Dmitriy Povazhuk

District Attorney Assistant District Attorney

July 28, 2020

Honorable Matthew J. D’Emic

Supreme Court, Kings County, Part 4
320 Jay Street
Brooklyn, New York 11201
(by e-mail: dbergema@nycourts.gov)

Re: People v. Jermaine Cox

Kings County Ind. No. 8451/2003

Dear Justice D’Emic:

I am writing to the Court to request a second extension of time for the People to file their
response to the defendant’s motion to vacate the judgment in the above matter, to and including
September 8, 2020. The People’s response is currently due by August 7, 2020. Mr. Mark
Bederow, Esq., counsel for Mr. Cox (cc’d on this email) opposed the People’s prior request for
an extension.
On June 30, the People reached out to the 84th Police Precinct and requested the production of
the police file associated with the instant matter. As of today, the precinct has been unable to
locate the file, but is continuing to search for it. The police file may have information not in the
People’s file, such as the photographic array that appears to have been produced with defendant
as the subject, as well as information about the number designated for that – or any other – photo
array produced in connection with this case.
The People have also contacted the trial ADA, who is no longer with the office and resides out of
state. She will be able to review the file this coming Wednesday, July 29.
For these reasons, and because, in light of the COVID-19 pandemic, our Office continues to
conduct most of its business remotely, the People are requesting a 30-day extension.
I thank the Court for its consideration of my request, and would be happy to provide any other
relevant information.
Sincerely,

Dmitriy Povazhuk
Assistant District Attorney
(718) 250-3260
Cc (by email): Mark A. Bederow, Esq.
Law Office of Mark A. Bederow, P.C.
Carnegie Hall Tower
152 West 57th Street
8th Floor
New York, New York 10019
mark@bederowlaw.com