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    Letter From Albany Co. DA David Soares

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    Casey Seiler
    This letter from the Albany County District Attorney's Office requests a 60-day adjournment of the arraignment in People v. Cuomo. It notes that the DA's office has been investigating the matter for months and received hundreds of hours of testimony to review. It also cites potential defects in the complaint filed by the sheriff and speedy trial obligations. The defendant agrees to waive speedy trial rights for the duration of the adjournment to allow the DA to continue its independent review of the complicated facts of the case.

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    Letter From Albany Co. DA David Soares

    Uploaded by

    Casey Seiler
    7K views4 pages
    This letter from the Albany County District Attorney's Office requests a 60-day adjournment of the arraignment in People v. Cuomo. It notes that the DA's office has been investigating the matter for months and received hundreds of hours of testimony to review. It also cites potential defects in the complaint filed by the sheriff and speedy trial obligations. The defendant agrees to waive speedy trial rights for the duration of the adjournment to allow the DA to continue its independent review of the complicated facts of the case.

    Original Description:

    In the matter of Gov. Andrew Cuomo.

    Original Title

    Letter from Albany Co. DA David Soares

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    This letter from the Albany County District Attorney's Office requests a 60-day adjournment of the arraignment in People v. Cuomo. It notes that the DA's office has been investigating the matter for months and received hundreds of hours of testimony to review. It also cites potential defects in the complaint filed by the sheriff and speedy trial obligations. The defendant agrees to waive speedy trial rights for the duration of the adjournment to allow the DA to continue its independent review of the complicated facts of the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    7K views4 pages

    Letter From Albany Co. DA David Soares

    Uploaded by

    Casey Seiler
    This letter from the Albany County District Attorney's Office requests a 60-day adjournment of the arraignment in People v. Cuomo. It notes that the DA's office has been investigating the matter for months and received hundreds of hours of testimony to review. It also cites potential defects in the complaint filed by the sheriff and speedy trial obligations. The defendant agrees to waive speedy trial rights for the duration of the adjournment to allow the DA to continue its independent review of the complicated facts of the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    P. DAVID SOARES COUNTY OF ALBANY DAVID M.

    ROSSI
    DISTT,cT ATTORNEY CHIEf ASSISIANI DISTTICT ATTORNEY
    OFFICE oF THE DISTRICT ATToRNEY
    CHRISTOPHER D. HORN ALBANY COUNTY JUDICIAL CENTER CHERYL K. FOWI,ER
    SPECIAL COUNSEL D!PUTY CHI.F ASSISTANT
    6 LoDCE STREET I)ISTEICT AITORNEY
    .12207
    ALBANY, NEw YoRK
    (518) 487-5460 - F^x: (5 tE) 48?-5093

    November 4, 2021
    {ECEIVEI.,
    Hon. Holly A. Trexler
    Albany City Court i.:i'tt tr 4 tu! .

    I Morton Avenue
    ALBANY CI]Y COUR
    Albany, NY 12202
    CRIMINAL OA R':-

    Re: People v. Cuomo

    Dear Judge Trexler:

    I write in refercnce to the summons and complaint filed in your Court on October 28, 2021. While this Courl
    would have had no reason to know, my Office has been investigating this matter for several months. We
    were in the middle of that investigation when the Sheriff unilaterally and inexplicably filed a complaint in this
    Court. Unfortunately the filings in this matter are potentially defective in that the police-officer-complainant
    failed to include a sworn statement by the victim such that the People could proceed with a prosecution on these
    papers. What was included with the complaint was a portion of a transcript of the victim's statement given in a
    separate proceeding, but that portion excluded an oath, and, even more troubling, excluded other portions of her
    testimony where she described the very same acts described in the complaint.l Furthermore, the To-Iltit portion
    of the complaint misstates the relevant law.

    In addition to these issues, the speedy trial clock began running on this case the day the Sheriff filed the charges.
    This means that my Office is required to certify discovery and announce readiness within 90 days or risk having
    the charges dismissed. While we arc accustomed to meeting those obligations in the ordinary course, the facts
    of this case are much more complicated in that this matter was investigated for several months by the Attorney
    General's Offrce, a law enforcement agency whose voluminous records and materials we are arguably deemed
    to be in possession of under CPL Article 245. While we previously received some materials from the AC's
    Office, since the filing in this case we have received hundreds of hours of videotaped testimony that must be
    reviewed and provided to the defendant. We anticipate receiving many other materials that are not yet
    in our actual possession.

    Therefore, in order to reduce the risk of a procedural dismissal of this case, and with the understanding that the
    defendant is in agreement, the People are asking for an adjournment of the arraignment lor 60 days. This request

    I This portion ofthe transcript has now been provided to defense counsel due to its exculpatory nature

    I of 2
    is contingent upon the defendant waiving all speedy trial rights. The purpose of this adjournment is to give my
    office time to continue with our independent and unbiased review ofthe facts in this case.

    Very truly

    P.D VID SO ARES


    DISTRICT ATTORNEY
    Albany County, New York

    cc: Rita Glavin Esq.


    Via email at rglavin@glavinpl lc.com

    Michael P. McDermott, Esq.


    Via email at mmcdermott@oalaw.com

    2of2
    O'CONNELL ARONOWITZ
    ATTORNEYS AT LAW

    EOWARD I.O CONNELL


    1925.1939
    SAMUEI- E RONOWITZ
    192S-1973
    November 4, 2021 LEWIS A. AR0NOWIlZ
    195r.1979

    STEPHEN R, COFFE'Y
    VIA ELECTRONIC MAIL .tECEtVEl.. ISFTsEY I,SHERsIN
    rHoitAs,. DtNovo
    Albany City Criminal Court PAMELAA.NICHOLS
    IEFFREYA SIEGEL
    Hon. Holly Trexler N[]V ll 4 2'J21 OAVID R, ROSS
    Public Safety Building KURTE.SRATTEN
    I,IICHATL P. McDERMOAT
    I Morton Avenue ALBANY C1IY COUR'I PETERA.PASTORE
    KEVIN LAUAILUAID
    Albany, NY 12202 CRIMINAI. PAR] XELLYI, MIXULLITZ
    WILLIAM F, BERCLUND
    ROEERT I, I(OSH GA RIAN
    MATTIIEWI. DORST]Y
    Re People v. Andrew M. Cuomo FRAI'lClsl.SMlTH.lR-
    PAULC- PASTORE
    Docket No.: CR-02517-21 CRAl6F.7,{PPIA
    CHADA,'EROME

    Dear Judge Trexler:


    OFCOUNSEL
    CORNELIUS D,MURRAY
    HON, LgONARDA, WEISS
    We join in the People's request that the arraignment in this matter be adjourned RICHARDS.HARROW
    MEREDITH H.SAVITT
    fora period of60 days to enable the District Attorney to continue his investigation. FTORENCEM, RICTIARDSON
    CRISTINA D.COMMISSO
    DAl,l IEL l. TUCZr NSXt

    Should the Court approve this request, our client agrees to waive his KAREN MARTINO VALLE

    constitutional and statutory speedy trial rights for the duration ofthe adjournment.
    MICHAELY, HAWRYLCHAK
    AI!DREWXO
    SAMANTHA L FEMIA
    Ifthe Court requires anything further, kindly advise. MARINA W.CIIU
    NrcHot-asM cr:RvtNr
    MtcltAEL l. l-4wsoN
    COLLEEN R PI€RSON

    HOLLY E,VECASI
    (0rREcro& HFlLrEc^nE

    .fl
    Respectfully, oT^irlirBIR oFTfie rlc^L

    O'CONNELL AND ARONOWITZ

    By:

    Michael P. McDermott, Esq.

    MPM/mh

    54 SrArB STREBT ' ALBANY, NY 12207 . (p) 518462-5601 . (f) 518-462-2670


    SERwcE ay F,{x Nor AccEprED,
    Liith olfices in Alltuny ind Sa/atogl Sffiry\
    www.oalaw.com
    Page 2 November 4, 202 I

    Albany County District Attomey's Office


    Attn: ADA David Rossi, Esq.

    Rita Glavin, Esq.

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