STATE OF NEW YORK : COUNTY OF CATTARAUGUS : JUSTICE COURT VILLAGE OF ELLICOTTVILLE

Transcription

1 STATE OF NEW YORK : COUNTY OF CATTARAUGUS : JUSTICE COURT VILLAGE OF ELLICOTTVILLE The People of the State of New York against Christopher J Kochan DEMAND FOR DISCOVERY Pursuant to C.P.L (l), the defendant demands the prosecution disclose and/or make available for inspection, photographing, copying or testing the following: 1. Any written, recorded or oral statement of the alleged defendant made, other than in the course of the alleged criminal transaction, to a public servant engaged in law enforcement activity or to a person then acting under his direction or in cooperation with him. 2. Any and all transmissions, communications, and anything related, including, but not limited to dispatch tapes, photographs, video tapes, audio tapes, cds, dvds, maps or drawings, that would have transmitted the alleged defendants name, or what he was being called during the times in question, in whole, or in part, including the times thereof, and recorded verbal talk between the Ellicottville Police Department officers and Cattaraugus Sheriff s Deputies and county communication center on May 21 st, 2014, between the hours of 12:30 AM to 3:30 AM. 3. Any and all transmissions, communications, and anything related, including, but not limited to dispatch tapes, photographs, video tapes, audio tapes, cds, dvds, maps or drawings, that would have transmitted the alleged defendants name, or what he was being called during the times in question, in whole, or in part, including the times thereof, and recorded verbal talk between the Ellicottville Police Department officers and Cattaraugus Sheriff s Deputies and the county communications center, including the county communication on May 31 st, 2014, between the hours of 10:00 AM to 12:00 AM. 4. Any and all transmissions, communications, and anything related, including, but not limited to dispatch tapes, photographs, video tapes, audio tapes, cds, dvds, maps or drawings, that would have transmitted the alleged Page 1 of 15

2 defendants name, or what he was being called during the times in question, in whole, or in part, including the times thereof, and recorded verbal talk to any other agency, including federal, state and local, including but not limited to, the New York State Department of Motor Vehicles, from May 21 st till June 24 th, All transmissions, communications, and anything related, including, but not limited to dispatch tapes, photographs, video tapes, audio tapes, cds, dvds, maps or drawings, of prior uncharged alleged criminal, vicious or immoral acts of the alleged defendant which the prosecutor intends to use at trial for purposes of impeaching the credibility of the defendant. Such notification by the prosecutor shall be made immediately prior to the commencement of jury selection, except that the court may, in its discretion, order such notification and make its determination as to the admissibility for impeachment purposes of such conduct within a period of three days, excluding Saturdays, Sundays and holidays, prior to the commencement of jury selection. 6. Any written report or document, or portion thereof, concerning a physical or mental examination, or scientific test or experiment, relating to the criminal action or proceeding which was made by, or at the request or direction of a public servant engaged in law enforcement activity, or which was made by a person whom the prosecutor intends to call as a witness at trial, or which the people intend to introduce at trial. 7. Any and all videos and audios in which the alleged defendant appears on the night of May 20 th to the morning of May 21 st, Any written report or document, or portion thereof, concerning a physical or scientific test or experiment, relating to the criminal action or proceeding which was made by, or at the request or direction of a public servant engaged in law enforcement activity, or which was made by a person whom the prosecutor intends to call as a witness at trial, or which the People intend to introduce at trial. The name of any witness (including, but not limited to, any undercover Police Officers) who saw the allege incident other then Officer Albanese and Graham. 9. The name, and date of birth of any witness who has provided a factual account of the alleged crime incident which differs from or contradicts the factual account of any other witness to the incident, and the details of such different accounts [People v. Simmons, 36 N.Y.2d 126 (1975)]. 10. The name, and date of birth of any witness to the alleged criminal incident who the prosecutor does not intend to call as a witness at trial and any statement of such witness [People v. Boone, 49 A.D.2d 559, (1st Dept. 1975)]. Page 2 of 15

3 11. The name, and date of birth of any witness who has changed or recanted his testimony and the details of such change [People v. Carrion, 54 A.D.2d 884 (lst Dept. 1976)]. 12. The name, and date of birth of any witness who has changed or recanted his testimony and the details of such change [People v. Carrion, 54 A.D.2d 884 (lst Dept. 1976)]. 13. Any facts or information which indicate that any evidence (including, but not limited to, tangible property, statement or identification evidence) which the People intend to introduce at trial was obtained unlawfully or was obtained as a "fruit" of some other unlawfully obtained evidence. 14. All reports, notes, memoranda, or other documents containing or referring to the above evidence. 15. All reports, notes, memoranda, or other documents containing or referring to any investigation that contains the alleged defendants name, in whole, or in part, or by whatever he may be called that refers to him, carried out, or ongoing, from the 20 th of May, 2014 to the 24 th of June, 2014 as well as the names and badge umbers of the individuals carrying out the investigation. 16. All evidence which tends to impeach the credibility of any prosecution witness. United States v. Giglio, 405 U.S. 150 (1972). 17. The criminal record of each witness the prosecutor intends to call at trial, including any conviction, pending and prior criminal charges [People v. Howard, 392 N.Y.S.2d 558 (Onondaga County Ct. 1977)]. 18. Any information affecting the credibility of any witness which the prosecution intends to call at trial including, but not limited to, prior bad acts or immoral acts [People v. Testa and Riggio, 40 N.Y.2d 1018 (1976)]. 19. Any information concerning any law enforcement officer involved in the investigation or prosecution of this case who has been cited for any type of misconduct including, but not limited to, any violation of Police Department and Sheriffs regulations and civilian complaints resulting in disciplinary action of any kind, as well as any complaints investigated and/or filed whether or not said investigations and/or complaints led to any formal charges being filed [People v. Vasquez, 49 A.D.2d 490 (2nd Dept. 1975)]. 20. Any information concerning treatment or institutionalization for psychiatric or psychological disorders of any witness the prosecutor intends to call at trial, including date, place and nature of treatment [People v. Mgynard, 80 Misc. 2nd 279 (Sup. Ct. N.Y. Cty. 1974)]. 21. Any information concerning treatment or institutionalization for alcohol or drug abuse of any witness the prosecution intends to call at trial including date, place and nature of treatment. Page 3 of 15

4 22. Any plea bargaining agreements, promises, grants of immunity or other agreements made, with respect to either witnesses which the prosecution intends to call or co-defendants, in return for testimony or cooperation with the investigation of prosecution of this or any other case [People v. Cwikla and Ford, 46 N.Y.2d 434 (1979)]. 23. The name of the victim, and if still alive, and the address where the victim can be served and/or the victims representative. 24. True, correct and complete copy of the instructions for filling out form DCJS-3204 simplified information form. 25. The approximate date, time and place of the offense charged and of alleged defendant's alleged arrest. Pursuant to C.P.L (2), I demand that the prosecutor make a diligent good faith effort to ascertain the existence of the demanded information and property and to cause it to be made available for discovery where it exists but is not within the prosecutor's custody, possession or control. I. MOTION FOR DISCOVERY Pursuant to C.P.L (l)(c), defendant moves for discovery of the following on the grounds that the information requested is material to the preparation of the defense and the requests are reasonable. Further, defendants, alleged or otherwise, have a constitutional right to investigate their case and of access to evidence. See Crane v. Kentucky, 476 U.S. 683, [106 S.Ct. 2142, 90 L.Ed.2d 636] (1986); California v. Trombetta, 467 U.S. 479, 485 [104 S.Ct. 2528, 81 L.Ed.2d 413] (1984); Washington v. Texas, 388 U.S. 14, 19 [87 S.Ct. 1920, 18 L.Ed.2d 1019] (1967); see also Rock v. Arkansas, 483 U.S. 44, [107 S.Ct. 2704, 97 L.Ed.2d 37] (1987); Taylor v. Illinois, 484 U.S. 400, [108 S.Ct. 646, 98 L.Ed.2d 798] (1988); Chambers v. Mississippi, 410 U.S. 284 [93 S.Ct. 1038, 35 L.Ed.2d 297] (1973). In the New York case of People v. Robinson 53 A.D.3d 63, 67, 860 N.Y.S.2d 159, 163 (N.Y.A.D. 2 Dept.,2008), cases allowing access to breath testing evidence were reviewed: "Indeed, case law has recognized the defendant's right, in prosecutions charging driving while intoxicated and related offenses, to disclosure of various documents not expressly listed in CPL ( see Matter of Constantine v. Leto, 157 A.D.2d 376, 378, 557 N.Y.S.2d 611 [records indicating that a machine was not operating properly are discoverable, as are the State Police rules and regulations, the operational checklist, and calibration records]; People v. Crandall, 228 A.D.2d Page 4 of 15

5 794, 795, 644 N.Y.S.2d 817 [documents relating to ampoule analysis and simulator solution analysis are subject to disclosure]; People v. Erickson, 156 A.D.2d 760, 762, 549 N.Y.S.2d 182 [breathalyzer operator's permit and the weekly test record are subject to disclosure]; People v. DiLorenzo, 134 Misc.2d 1000, , 513 N.Y.S.2d 938) [several specific documents are subject to disclosure]; see also People v. Alvarez, 70 N.Y.2d 375, 380, 521 N.Y.S.2d 212, 515 N.E.2d 898 [defendant may not be denied discovery which prevents him from challenging the reliability and accuracy of a breathalyzer machine]) ( see Gerstenzang and Sills, Handling the DWI Case in New York, 20:39, at 431 [ ed]). WITNESSES 1. State the names of all eyewitnesses to the offenses charged and the addresses dates of birth of civilian witnesses and the shield numbers and commands of a law enforcement witnesses. 2. State the names, addresses and dates of birth of all civilian witnesses the prosecutor intends to call at trial. 3. State the names, shield numbers and commands of all law enforcement witnesses the prosecutor intends to call at trial. 4. State whether the complaining witness filed a complaint against either the defendant prior to the complaint in this proceeding. If so, state: a. the date of that complaint; b. the names of the defendants against whom he filed the complaint; c. the nature of the charges; d. the disposition of the case; e. the docket or indictment numbers of the case. 5. State whether the complainant or any of the witnesses filed criminal charges against anyone prior to the instant proceeding. If so, state: a. the date, nature, docket number and disposition of the case; b. the name of the defendant and his counsel. Page 5 of 15

6 Page 6 of 15 IDENTIFICATION State the time, date, place and manner in which the defendant was identified as the perpetrator of the alleged crimes charged and whether the defendant was subjected to any out-of court identification procedure including, but not limited to, "showup", "line-up" or "photo identification". 6. With respect to any such identification procedure: a. state the date, time, place and nature of the procedure; b. state that the alleged defendant did so completely voluntary and under no threats, duress, or coercion. c. state the names, shield numbers and commands of all law enforcement officials (including, but not limited to, Assistant District Attorneys) involved in the procedure; d. state whether or not defendant was identified and who identified him or failed to do so, provide copies of any Police Department documents, photographs and transcripts made in connection with any identification procedure. 7. State whether or not anyone viewed photographs in connection with this case, and if so: a. state when and where these photographs were viewed; b. state how the law enforcement agency came to have these photographs in its possession; c. state the names of all people who viewed the photographs; d. state whether an identification was made, or and if a misidentification occurred; e. provide copies of all photographs used, (xerox copies not acceptable) and specify which photographs were selected by the witnesses; f. provide all transcripts, reports and documents made in connection with this identification. 8. State whether any physical description of the alleged perpetrator was given by any witness (including an undercover officer) to any law enforcement official (including, but not limited to, any Assistant District Attorney). If so, for each description: a. state whether the description was given before or after defendant was arrested; b. state the names, shield numbers and commands of all law enforcement officials to whom the description was given; c. state the names, addresses and dates of birth of all persons who gave the description;

7 d. state the names, shield numbers and commands of any law enforcement officials who gave the description; e. state the date, time and place the description was given; f. state the particulars of the description; g. provide all reports or documents containing or referring to the description. 9. State the following with respect to each complainant's or witness' earliest indication that he recognized the alleged defendant for the first time: a. the date, time and place of this identification; b. whether the complainant or witness observed the alleged defendant being arrested, and if so, where. 10. State whether the complainant or any witnesses knew the alleged defendant prior to the alleged criminal transaction. If so, state: a. which complainant or witness and which defendant knew each other; b. how long they knew each other; c. the nature of the relationship. 11. State whether any law enforcement officers knew of the alleged defendant prior to this incident, and if so, state: a. which officer and which defendant knew each other; b. how long they knew each other; c. the nature of the relationship. 12. State whether any witness who furnished information to the District Attorney or any other law enforcement officer was an informant to any law enforcement agency, and if so whether he was registered. State his name, address, date of birth, criminal record and pending criminal charges, and the substance of the information furnished. 13. State the identification of Officer Matthew Albanese vehicle he was traveling in the morning of May 21st, 2014, while on official duty. 14. State the name of Deputy Bryan H Schwabenbauer s partner between the hours of 12:01 AM to 3:30 AM on May 21st, Page 7 of 15

8 REPORTS 15. Provide all Police/Sheriff s Department reports, forms and documents prepared in connection with the alleged criminal transaction, including, but not limited to arrest reports, complaint follow-up reports, pre-arraignment forms, officer's memo book entries, surveillance and Complaint Reports. 16. Provide all Police/Sheriff s Department reports, forms and documents prepared in connection with this case, including, but not limited to, arrest reports, complaint reports, surveillance, police service request cards and officers memo book entries. 17. Provide all Police/Sheriff s Department any and all location and tracking data, including, but not limited to, the times at every location, for any and all Ellicottville Police Department vehicles and Cattaraugus Sheriff s Deputies vehicles, sometimes referred to as GPS tracking, on May 21st, 2014, between the hours of 12:30 AM to 3:30 AM in the Village of Ellicottville and its immediate vicinities. 18. Provide all Police/Sheriff s Department any and all location and tracking data, including, but not limited to, the times at every location, for any and all Cattaraugus Sheriff s Deputies vehicles, unmarked or otherwise, on May 31st, 2014, between the hours of 9:30 AM to 10:30 AM in the city of Salamanca and it s immediate vicinities. 19. Provide all Police/Sheriff s Department any and all location and tracking data, including, but not limited to, the times at every location, for any and all Cattaraugus Sheriff s Deputies vehicles, unmarked or otherwise, on June 6th, 2014, between the hours of 5:00 PM to 10:00 PM as well as the names of the individuals operating them in the Village of Ellicottville and Little Valley, and the immediate vicinities, including route 353 from Little Valley to Salamanca and route 242 from Little Valley to Ellicottville also well as their immediate vicinities, including, but not limited to road 88 that cuts between Route 353 and 242 and road 96, also known as Kilburne Corners road that cuts between Route 353 and Provide all Police/Sheriff s Department any and all location and tracking data, including, but not limited to, the times at every location, for any and all Ellicottville Police vehicles, unmarked or otherwise, on June 16th, 2014, between the hours of 4:00 PM to 7:30 PM as well as the names of the individuals operating them, in, or on route 219 and 240 or in the vicinities thereof. 21. Provide all Police/Sheriff s Department any and all locations, as well as the times and names, of any Ellicottville, New York Police Officers, on duty or Page 8 of 15

9 off, on June 6th, 2014, between the hours of 5:00 PM to 10:00 PM if they were at any locations in the Village of Ellicottville. 22. Provide all Police/Sheriff s Department any and all locations, as well as the times and names, of any Sheriffs Deputy, on duty or off, on June 6th, 2014, between the hours of 5:00 PM to 10:00 PM if they were at any location in the Village of Ellicottville. 23. Provide all Police/Sheriff s Department any all notes, records, forms and any other material that Officer Matthew Albanese brought with him to the NY DMV on June 11, 2014 refusal hearing, in the town of Machias, New York concerning this matter that contained the defendants name, in whole, or in part, or whatever he was referred to in such papers. 24. Provide all Police/Sheriff s Department any and all logs and records from any other locator system, including the New York State Police (NYSP) dispatch system, in which the alleged defendants name and/or phone number may appear or was submitted to any locator system in New York State, in whole, or in part, between May 21st until June 24rd, 2014 in an attempt, or to successfully locate the alleged defendant location via his cellphone. 25. Any and all logs and records for the Wireless Enhanced 911 Emergency location system of Cattaraugus County (PSAP), the New York State Wireless Enhanced 911 Implementation Guide Implementation Guide and/or similar information, in which the alleged defendants name and/or phone number may appear or submitted to the locator system, in whole, or in part, between from May 21st till June 24rd, 2014 in an attempt, or to successfully locate the alleged defendant location via his cellphone. Page 9 of 15 ARREST INFORMATION 26. State whether the alleged defendant was arrested pursuant to a warrant. If so, state the warrant number and court of issuance and provide the warrant and all affidavits and documents submitted in support thereof. 27. State whether a search warrant was executed in connection with this case. If so, state the warrant number and the court of issuance and provide the warrant and all affidavits and documents submitted in support thereof 28. State the time and manner by which a law enforcement agency was first alerted to the alleged criminal transaction, including, but not limited to: a. the time, date and place that the information concerning the criminal transaction was received; b. the means by which the information was received (911 call, etc.); c. the name, address and date of birth of the person furnishing the information and the substance of the information;

10 d. the name of the person to whom the information was furnished, and if to a police officer, the officer's shield number and command. 29. State the information received by the arresting officer which constituted probable cause to arrest defendant, and, state the sources of the information. 30. State the names, shield numbers and commands of all law enforcement either present at or involved in the arrest of defendant. 31. State the names, addresses and dates of birth of all civilians who were present at or who witnessed the arrest of defendant. 32. State whether any person other than defendant : a. has ever been arrested for any of the crimes which defendant is charged, and if so, state the name of that person and the docket number of any pending case; b. has ever been questioned or considered as a suspect in this case, and; c. if so, state the name of that person, when, where and by whom he was questioned or considered, and the crimes for which questioned or considered. Page 10 of 15 STATEMENTS 33. State whether defendant was advised of his rights pursuant to [Miranda v. Arizona, 384 U.S. 436 (1966)]. If so, state the date, time and place he was advised, the name, shield number and command of the officer who advised him, and the names, shield numbers and commands of any police officers, and the names, addresses and dates of birth of other persons, who were present when he was advised. 34. State whether the defendant requested a lawyer. If so, state the date, time and place-of his request, the name of the lawyer and the name of the personto whom the request was made. 35. State whether a lawyer was provided for defendant and when. 36. State the names, shield numbers and commands of all law enforcement officers (including Assistant District Attorneys) present during any questioning of defendant. 37. State the names, addresses and dates of birth of all civilians present during any questioning of defendant. 38. State the contents of any oral statements of defendant concerning the alleged criminal transaction which were made to any person who is not a law enforcement officer or agent, the date, time and place of the statement and the name, address and date of birth of the person to whom the statement was made.

11 39. State the employment dates of any law enforcement officer involved in the investigation or prosecution of this case, their probation times and the results of said probation at any and all government agencies. 40. State whether or not if Bryan H Schwabenbauer s and Officer Matthew Albanese ever worked together on official projects, and/or were partnered together in their performance of standard duty. 41. State the condition of the victim. 42. State the alleged law, rule, case law and/or regulation that proves court has in personam jurisdiction over this matter. 43. State whether the alleged defendant signed any reports, statements or other documents in connection with this criminal proceeding. If so: a. state the date, time and place the documents were signed; b. state the names (and shield numbers and commands, if applicable), addresses and dates of birth of all persons present when the documents were signed; c. provide all documents. 44. State whether alleged defendant, witnesses, or law enforcement personnel made videotaped statements concerning the alleged criminal transaction. If so: a. state the time, date and place the statement was made; b. state the names of all law enforcement personnel to whom the statement was made; c. provide the videotape, or in the alternative, an opportunity to view and copy the videotape. 45. State the phase status, (Phase I, Phase II (enhanced)) or any other enhancements that would allow the 911 Emergency location system of Cattaraugus County (PSAP) to locate an individual s cellphone. 46. State the names and badge numbers of all operators, who operate the Wireless Enhanced 911 Emergency of Cattaraugus County (PSAP) and the hours they worked from May 21st till June 24rd, State the names of the supervisor of the Wireless Enhanced 911 Emergency of Cattaraugus County (PSAP). 48. State the exact procedural guidelines that would have allowed for a county PSAP operator to activate the alleged defendants 911 locator system on his cellphone, sometimes referred to as reverse State whether or not the county PSAP operator requires a lawful court order to active the emergency locator. 50. State how, where and who a county PSAP operator would have acquired the alleged defendants cellphone number. Page 11 of 15

12 51. State the accuracy of the location of the Wireless Enhanced 911 Emergency, i.e. 50 meters, 100 meters, etc 52. State the exact time when Officer Matthew Albanese left 1 Washington Street, Ellicottville, New York, and Arrived at 301 Court Street, Little Valley, New York with the alleged defendant. 53. State the exact time Officer Matthew Albanese left the NY DMV refusal hearing, in the town of Machias, New York, on June 11, 2014, concerning this matter. 54. State the make and model number of the DataMaster State the make and model number of the field test unit Officer Albanese claimed to have in his possession May 21 st, 2014 on scene. 56. State the number of DWI Breathalyzer Ampoules available by both the Cattaraugus County Sherriff s and Ellicottville police for reference testing on both and their content/values. 57. State the hours of duty of Officer Matthew Albanese from the 21st of May 2014 to the 24th of June, The hours of duty of Deputy Bryan H Schwabenbauer s from the 21st of May 2014 to the 24th of June, State the list of all US mail accepted by Officer Matthew Albanese, that was either certified, registered, restricted delivery, or required the use of US Postal form 3849, for the year Page 12 of 15 PROPERTY 59. State whether any property involved in the criminal transaction, including, but not limited to, fruits, instrumentalities, weapons, currency, controlled substances or other contraband, was recovered. If so, state: a. the date, time and place, including the place on a person's body or in a vehicle, the property was recovered; b. the names of any persons, including defendant or any co- defendant, from whom such property was recovered, and by whom it was recovered; c. the identifying numbers or voucher numbers of the property and permit inspection of the property; d. the serial numbers of any currency recovered. 60. If it is alleged that defendant stole property: a. state the time and place defendant allegedly took the property; b. state how defendant secreted or attempted to secrete such property; c. permit inspection of the property. 61. If it is alleged that property was damaged: a. specify the nature and extent of the damage;

13 b. state the method and means by which the property was damaged and by whom; c. state the cost of repair or replacement; d. permit inspection of the damaged property. 62. Complete review and inspection of the room in which the alleged defendant was held on 1 Washington Street, Ellicottville, New York, on the morning of May 21st, The written procedures, or true, correct and complete copies thereof, that allow for the activation, from the PSAP operators side, of Wireless Enhanced 911 Emergency location system, sometimes referred to a reverse 911, of Cattaraugus County (PSAP). 64. Any and all judicial warrants, so that would have allowed the Cattaraugus County (PSAP), that would have allowed for the People to allegedly claim they could track the alleged defendant. 65. A true, correct and complete copy of the audio tape made on June 11, 2014 and the alleged NY DMV refusal hearing, in the town of Machias, New York concerning this matter. Page 13 of 15 BREATHLIZER 26. Any notes and memoranda relating to the administration of the chemical test on the alleged defendant on May 21 st, Any and all calibration records of DataMaster , utilized that evening. 28. The current status of the DataMaster The certification certificate and status of Deputy Bryan H Schwabenbauer as a DataMaster operator. 30. The certification certificate and status of Officer Matthew Albanese as a DataMaster operator. 31. The normal error rate of a DataMaster BAC meter. 32. Any records, including, but not limited to maintenance and calibration records, that would indicate the DataMaster did not, or was not operating properly on May 21 st, Any rules and regulations which are required for the proper testing and actual testing of subjects for the Data Masters. 34. The training manual for the DataMaster All reference standard lot numbers and there alleged content and percentages thereof that was used, or were available for the DataMaster Any notes and memoranda relating to the administration of the portable chemical testing unit that Officer Albanese had in his possession on the morning of 21 st May, 2014.

14 37. Any and all calibration records of said unit that Officer Albanese claimed to have with at the alleged arrest scene. 38. The current status of said unit. 39. The normal error rate of said unit. 40. Any records, including, but not limited to maintenance and calibration records, that would indicate the said unit did not, or was not operating properly on May 21 st, Any rules and regulations which are required for the proper testing and actual testing of subjects for said unit 42. The training manual for said unit. 43. All reference standard lot numbers and there alleged content and percentages thereof that was used, or were available for said unit. Alleged defendant requests that this Motion for Discovery be granted summarily pursuant to C.P.L (l)(c), In the alternative, the defendant requests a hearing to aid the Court in determining the issues raised herein. The defendant further requests that the hearing be held sufficiently prior to commencement of trial to permit transcription of the hearing minutes for use at trial. People v. Sanders, 31 N.Y.2d 463 (1973); People v. Peacock, 31 N.Y.2d 907 (1972)]. Alleged defendant further reserves all rights, including but not limited to discovery as more information becomes available to him, C.P.L , and Signed under the penalties of divine judgment of perjury, this Day of 2014 All Rights Reserved WHEREFORE, the alleged defendant requests that the Court grant the relief sought herein and for such other and further relief as is just and proper. On, 2014, before me personally came to me known, and known to me to be the individual described in, and who executed the foregoing Motion to Dismiss, and duly acknowledged to me that he executed the same. Page 14 of 15

15 STATE OF NEW YORK : COUNTY OF CATTARAUGUS : JUSTICE COURT VILLAGE OF ELLICOTTVILLE Christopher J Kochan against the People of the State of New York ORDER FOR DISCOVERY Comes now Christopher Kochan, alleged defendant in the above captioned matter and requests that this Court order the People of the State of New York to produce for the alleged defendant, the items, information and so forth as described in the Motion for Discovery at a time and location of the alleged defendant choosing. This Court, being duly advised, now orders the People of the State of New York to produce for the alleged defendant, the items, information and so forth as described in the Motion for Discovery at a time and location of the alleged defendant choosing. IT IS, THEREFORE, ORDERED that the People of the State of New York to produce for the alleged defendant, the items, information and so forth as described in the Motion for Discovery at a time and location of the alleged defendant choosing. Done in, New York, this day of, 20. Signature of Judge Entered on Date: Entered on the Record of Judgments and Orders ( ) Date: Page 15 of 15