STATE OF NEW YORK

COUNTY OF ONONDAGA SYRACUSE CITY COURT

)
THE PEOPLE OF THE STATE OF )
NEW YORK )
) DR NO. 21-170094
)
v.
)
) ARRAIGNMENT
VICTORIA AFET, )
)
Defendant. )

Criminal Courts Building

505 South State Street
Syracuse, New York 13202

DATE: FEBRUARY 19, 2021

BEFORE: HONORABLE FELICIA PITTS-DAVIS

Judge of the Syracuse City Court

APPEARANCES:
WILLIAM J. FITZPATRICK, ESQ.
District Attorney for Onondaga County
BY: SARA FITZPATRICK, ESQ.
Assistant District Attorney

ROBERT COVILLE, ESQ.

Attorney for the Defendant

Digitally recorded proceedings

transcribed by:
Lois A. Sadowski, Transcriptionist
PEO. V. AFET 2/19/21 2

MR. COVILLE: Judge I think I’ve got to change

floors, just to let you know that the next one --

they’re going to the next person Victoria. She’s the

one I did not have a chance to interview.

THE COURT: Okay.

COURT CLERK: Victoria Afet.

THE COURT: Good morning Ms. Afet.

MS. AFET: Good morning.

THE COURT: You said you did not have the

chance to speak with her correct Mr. --

MR. COVILLE: I did not Judge. And I don’t

know -- from the paperwork I got I only see (inaudible),

we’re still missing the victim’s names, I wouldn’t even

know who the victim is to talk to the client about

whether she’d be around him or how she knows the victim.

MS. FITZPATRICK: They’re strangers.

MR. COVILLE: There’s no affidavits or

documentation --

MS. FITZPATRICK: Yeah they’re strangers

though I’m not -- I’m going to be reserving on OP.

MR. COVILLE: Okay, thank you Sara.

THE COURT: Okay as to -- so Ms. Afet you have

been charged with robbery in the third. It is alleged

that on February 18th of this year at 753 James Street

you engaged in the following conduct. By intentionally

PEO. V. AFET 2/19/21 3

and forcibly grabbing $38.00 in cash from the alleged

victim, Janet Roshia out of her left hand and that as a

result of that taking forcibly you have been charged

with robbery in the third. You have also been charged

with petit larceny concerning the same incident in

regards to theft and also the violation of harassment in

terms of the physical contact against this alleged

victim. In light of that Mr. Coville, how does she

plead?

MR. COVILLE: Not guilty Judge, I’d waive a

further reading.

THE COURT: Thank you.

MS. AFET: Your Honor?

THE COURT: If you have a question about the

case, I would rather have you speak to Mr. Coville first

before you speak to me because anything you say is going

to be on the record and we want to be sure that --

MS. AFET: I want to say that it wasn’t me on

that --

THE COURT: Okay.

MR. COVILLE: I want you to talk to me by

yourself because you may say something that hurts your

case. Everything’s being recorded.

MS. AFET: Okay.

THE COURT: So what we can do is we can --

PEO. V. AFET 2/19/21 4

MS. AFET: Well all the stuff that happened it

wasn’t me.

THE COURT: Okay. Okay Ms. Afet?

MS. AFET: It --

MR. COVILLE: Stop talking for a second,

listen to the Judge.

THE COURT: Ms. Afet I’m not -- I’m going to

ask you not to say anything further, if you want to be

able to speak to Mr. Coville, whatever that you find

that you think is important for him to know, you can

speak to him and then as your advocate he will inform

the court. So I guess my preference is for you to be

able to speak with him, the court doesn’t mind taking a

brief break for you to do that. What’s the best way --

MS. AFET: He (inaudible) me, Your Honor --

THE COURT: Hold on a second for me, what’s

the best way to achieve that.

COURT CLERK: What happens with this

(inaudible) is everybody else is muted (inaudible) just

kind of leave theirs on full blast (inaudible).

THE COURT: Okay so what we’re going to do

given the floor that she’s on is we’re going to ask

everybody else to mute and the court will also mute and

then --

MS. FITZPATRICK: Judge I’m going to sign off,

PEO. V. AFET 2/19/21 5

I don’t feel comfortable just muting myself, I’m going

to sign off and I’m back on in five minutes.

MR. COVILLE: Sara, thank you Sara.

THE COURT: Okay so why don’t we take a two

minute break to allow them to have a conversation and

then we’ll come back on.

MR. COVILLE: Thank you Judge.

(RECESS)

MS. FITZPATRICK: (Inaudible).

THE COURT: We can hear you.

MR. COVILLE: We can hear you.

THE COURT: Now we can see you.

MS. FITZPATRICK: Great.

THE COURT: Great.

MS. FITZPATRICK: Beautiful.

THE COURT: Can we get some contact

information for Ms. Afet?

MR. COVILLE: Judge she is living at the

Rescue Mission right now, no phone number. And as the

charges go I did talk to her about them, she vehemently

denies them so we’re going to enter a strong not guilty

plea and waive any further reading Judge.

THE COURT: Okay thank you. Are any of these

qualifying?

MS. FITZPATRICK: Not by themselves Judge

PEO. V. AFET 2/19/21 6

however I’m going to make a argument that both charges,

the felony robbery second or excuse me, robbery third

involves identifiable harm to an individual as well as

her open assault second from August of 2020, therefore

the People would say that bail, monetary bail can be set

and we would be requesting it in the form of $15,000.00

cash, $30,000.00 bond, $50,000.00 partially secured

bond.

THE COURT: Mr. Coville?

MR. COVILLE: Judge she does tell me she’s a

life resident of Syracuse, there are no affidavits or

documentation I saw, all I saw was the complaints,

that’s an allegation of $38.00 that was taken out of

somebody’s hand Judge. I don’t know about the assault

case and I don’t have her rap sheet but clearly I think

that pre-trial release would be able to help her, keep

her on track would be the appropriate way to go with

this case Judge. She has services at the Rescue Mission

to help her keep in contact with pre-trial release

Judge.

THE COURT: I was going to do pre-trial

release in this matter. Make it a day for the felony

day calendar and who’s the other attorney that does

felony cases?

COURT CLERK: It looks like Ellie Schenck is

PEO. V. AFET 2/19/21 7

up next.

THE COURT: How do you spell her last name?

COURT CLERK: S-c-h-e-n-c-k.

THE COURT: Okay we’re going to assign you Ms.

Afet, Attorney Schenck, you are going to be given her

contact information, your next court date is March 1st,

what time?

COURT CLERK: 9:30.

THE COURT: At 9:30 a.m. We are requesting

that you reach out to your attorney and that you appear

for court on March 1st in whatever manner she informs you

that the court will be held. Did you say you were

reserving your right Sara to request at a further time a

order of protection?

MS. FITZPATRICK: Yes Judge, we’re going to

reserve today.

THE COURT: Okay.

MR. COVILLE: Your Honor can I ask was

Elizabeth Schenck, was she previously assigned?

THE COURT: I don’t know --

MR. COVILLE: Because I was --

THE COURT: -- who’s under -- can we find out

from the assault second?

MALE VOICE: It looks like she had Bill Balduf

representing her.
PEO. V. AFET 2/19/21 8

MS. FITZPATRICK: Bill Balduf, you can give

her --

THE COURT: Okay so I’m going to retract Ms.

Schenck based on Mr. Balduf being previously assigned on

the other case. So you will now be given information

concerning Mr. Balduf, Ms. Afet. Please reach out to

your attorney prior to the next court date of March 1st.

MR. COVILLE: She was shaking her head yes

Judge.

THE COURT: Okay thank you so much, have a

great day.

(END OF PROCEEDING)

C E R T I F I C A T I O N

I, Lois A. Sadowski, certify that the foregoing

transcript of proceedings in the Syracuse City Court of

Onondaga County, The People of the State of New York v.

Victoria Afet, DR No. 21-170094 was prepared using the

required electronic transcription equipment and is a true

and accurate record of the proceedings.

Signature: _______________________________________________

Address: 194 Bronson Road

Syracuse, New York 13219

Dated: March 30, 2021