defendant has a previous record and the window will cost four hundred dollars to replace.
Six months then.
No disposition. I’m requesting that you release my client on his own recognizance.
Bail will be set; do you have a further application?
I’m requesting a 730 examination.
The defendant is remanded and a 730 examination is ordered. Case is adjourned for two weeks to Part C for results of 730 exam.
P.D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Counsel do you need an interpreter on the Chinese case?
Can you get one?
Not anytime soon, we’ll put it over to the lobster.
No, I can do without.
Okay. Next case is docket ending 654—
People versus Ah Chut
. Defendant is charged with Unlicensed General Vending on the sworn complaint of Officer Faddis. Counsel waive the reading of the rights and charges but not the rights thereunder?
Yes.
People?
People offer a 240.20 and one day of community service.
Where did this community service come from? You said 240.20 and time served.
If I said that, it was a mistake. The standard offer is a discon and one day community service.
The guy’s been in jail twenty-nine hours.
What are we doing here counselors?
I’m trying to get the people to offer time served on a sixty-one-year old first arrest who’s been in twenty-nine hours.
As you know counselor it’s their offer and there’s nothing I can do about it. I’ll give him time served on a plea to the charge.
No because then he gets a record.
The offer is a discon with one day of community service.
You can go home now but you’ll have to do one day of community service.
Yeh.
My client is authorizing me to enter a plea of guilty to penal law 240.20, disorderly conduct, which is a violation not a crime, in exchange for the promised sentence of a conditional discharge with the condition that he perform one day of community service. He waives prosecution by information, waives formal allocution, and is ready for sentence.
Mr. Chut do you understand what your attorney just said?
He waives allocution judge.
No he doesn’t. I’m going to electrocute, I mean allocute him. Mr. Chut do you understand that your legal representative has offered to enter a plea of guilty on your behalf in exchange for the prosecution’s offer to reduce the charges in your case to the violation of disorderly conduct with the understanding that you will be sentenced to a conditional discharge the primary but not sole condition of which will be that you perform one day of community service?
Uh?
Do you speak and understand English Mr. Chut?
Can we approach?
Come up.
. . .
Judge he speaks very little English that’s why I waived allocution.
Well let’s get an interpreter.
In my experience that will take at least several hours at one in the morning and he’s already been in over twenty-four hours.
Well he clearly didn’t understand what I just said so I’m going to second call the case for an interpreter and let the next judge deal with it.
Can’t we just do the right thing here. Let him take the plea without allocuting, the case is over and all is well.
I’m not interested in doing
the right thing
as you call it; I’m going to do things correctly and that means not doing a case where the defendant doesn’t understand what’s happening.
Well then you don’t have to second call it, just release him with a date to return.
I’m not doing anything further on the case without an interpreter. How do I know he’ll even understand to return?
Then he’s entitled to be released if you’re not going to arraign him since he’s been in more than twenty-four hours.
You know the correct procedure for such an application is a writ.
Yeah and I know it takes longer than getting an interpreter.
A couple more hours in jail isn’t going to kill him . . . it’s not going to kill him.
Of course none of this would matter if she would just give him an ACD which
Six months then.
No disposition. I’m requesting that you release my client on his own recognizance.
Bail will be set; do you have a further application?
I’m requesting a 730 examination.
The defendant is remanded and a 730 examination is ordered. Case is adjourned for two weeks to Part C for results of 730 exam.
P.D. take charge, one going in! Step in you can communicate free of charge with the Department of Corrections. Counsel do you need an interpreter on the Chinese case?
Can you get one?
Not anytime soon, we’ll put it over to the lobster.
No, I can do without.
Okay. Next case is docket ending 654—
People versus Ah Chut
. Defendant is charged with Unlicensed General Vending on the sworn complaint of Officer Faddis. Counsel waive the reading of the rights and charges but not the rights thereunder?
Yes.
People?
People offer a 240.20 and one day of community service.
Where did this community service come from? You said 240.20 and time served.
If I said that, it was a mistake. The standard offer is a discon and one day community service.
The guy’s been in jail twenty-nine hours.
What are we doing here counselors?
I’m trying to get the people to offer time served on a sixty-one-year old first arrest who’s been in twenty-nine hours.
As you know counselor it’s their offer and there’s nothing I can do about it. I’ll give him time served on a plea to the charge.
No because then he gets a record.
The offer is a discon with one day of community service.
You can go home now but you’ll have to do one day of community service.
Yeh.
My client is authorizing me to enter a plea of guilty to penal law 240.20, disorderly conduct, which is a violation not a crime, in exchange for the promised sentence of a conditional discharge with the condition that he perform one day of community service. He waives prosecution by information, waives formal allocution, and is ready for sentence.
Mr. Chut do you understand what your attorney just said?
He waives allocution judge.
No he doesn’t. I’m going to electrocute, I mean allocute him. Mr. Chut do you understand that your legal representative has offered to enter a plea of guilty on your behalf in exchange for the prosecution’s offer to reduce the charges in your case to the violation of disorderly conduct with the understanding that you will be sentenced to a conditional discharge the primary but not sole condition of which will be that you perform one day of community service?
Uh?
Do you speak and understand English Mr. Chut?
Can we approach?
Come up.
. . .
Judge he speaks very little English that’s why I waived allocution.
Well let’s get an interpreter.
In my experience that will take at least several hours at one in the morning and he’s already been in over twenty-four hours.
Well he clearly didn’t understand what I just said so I’m going to second call the case for an interpreter and let the next judge deal with it.
Can’t we just do the right thing here. Let him take the plea without allocuting, the case is over and all is well.
I’m not interested in doing
the right thing
as you call it; I’m going to do things correctly and that means not doing a case where the defendant doesn’t understand what’s happening.
Well then you don’t have to second call it, just release him with a date to return.
I’m not doing anything further on the case without an interpreter. How do I know he’ll even understand to return?
Then he’s entitled to be released if you’re not going to arraign him since he’s been in more than twenty-four hours.
You know the correct procedure for such an application is a writ.
Yeah and I know it takes longer than getting an interpreter.
A couple more hours in jail isn’t going to kill him . . . it’s not going to kill him.
Of course none of this would matter if she would just give him an ACD which
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