22 CHRISTINE RICCIO 23 OFFICIAL COURT REPORTER

Transcription

1 1 1 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK PART C x THE PEOPLE OF THE STATE OF NEW YORK, 3 : -against- Docket No.: NY : 5 JOANNA GOODMAN, 6 Defendant. : x Centre Street 8 New York, New York March 28, B E F O R E: 11 THE HONORABLE MICHELLE ARMSTRONG 12 A P P E A R A N C E S: 13 FOR THE PEOPLE: 14 OFFICE OF CYRUS R. VANCE JR. ESQ. District Attorney New York County 15 One Hogan Place New York, New York BY: VICTORIA BUFFA, ESQ. 18 FOR THE DEFENDANT: 19 DAVID BREIBART, ESQ. Attorney for Defendant West 57th Street New York, New York CHRISTINE RICCIO 23 OFFICIAL COURT REPORTER

2 1 COURT OFFICER: Calendar number 41, Joanna 2 Goodman. 3 MR. BREIBART: For the defendant, David Breibart, 4 B-R-E-I-B-A-R-T, 152 West 57th Street. 5 With the permission of the Court, and the 6 acquiescence of the Office of the District Attorney, my 7 client authorizes me to withdraw all her previously entered 8 pleas of not guilty -- 9 THE COURT: Time out. Is there an offer? 10 MS. BUFFA: The People, on a plea to the charge 11 of Subsection 1, would recommend a conditional 12 discharge, with a full and final order of protection. 13 THE COURT: Okay. 14 MR. BREIBART: That's satisfactory, Your Honor. 15 Ms. Goodman has instructed me to withdraw all her 16 previously entered pleas of not guilty, and offers to enter 17 a plea of guilty at this time. 18 THE COURT: The plea of guilty is assault in the 19 third degree; is that correct? 20 MR. BREIBART: I'm sorry? 21 THE COURT: She's pleading to assault in the 22 third degree, correct? 23 MR. BREIBART: Yes. 24 THE COURT: Ms. Goodman, your attorney has 25 offered to enter a plea of guilty to Penal Law Section Subsection 1, which is assault in the third degree, 2 this is a class A misdemeanor. Is that what you wish to 3 do?

3 4 THE DEFENDANT: Yes. 5 THE COURT: Are you pleading guilty because you 6 are, in fact, guilty? 7 THE DEFENDANT: Yes. 8 THE COURT: Do you understand that by pleading 9 guilty, you're giving up your right to a trial, your right 10 to remain silent, and your right to have your attorney 11 question any witnesses against you? 12 THE DEFENDANT: Yes. 13 THE COURT: Counsel, is she waiving prosecution 14 by information and formal allocution? 15 MR. BREIBART: Yes, Judge. The only thing we 16 would impose the Court, with the permission of the district 17 attorney, would be that she be sentenced today. She just 18 came from London and has to go back to London tonight. 19 THE COURT: Tomorrow? 20 MR. BREIBART: Tonight. 21 THE COURT: That's no problem. 22 Ma'am, do you understand that if you are not a 23 United States citizen, your plea here could have negative 24 immigration consequences. Have you discussed that with 25 your attorney? 4 1 MR. BREIBART: We have. 2 THE DEFENDANT: Yes. 3 THE COURT: Is it true then on January 31st of 4 this year, inside of 30 Rockefeller Plaza, New York County, 5 you hit another individual in the face with a martini

4 6 glass, causing that person to suffer a laceration to her 7 nose, bruising to her eye, and substantial pain; is that 8 true? 9 THE DEFENDANT: Yes. 10 THE COURT: Your plea is accepted. She will have 11 to provide DNA as a result of this plea. 12 MR. BREIBART: That's this morning? 13 COURT OFFICER: Yes. 14 THE COURT: Your client stands ready for 15 sentencing? 16 MR. BREIBART: Yes, Judge. 17 THE COURT: Ma'am, the sentence of this Court is 18 a conditional discharge. The condition is you stay out of 19 trouble for the next three years. There's also a full and 20 final order of protection in favor of Jane Christian. This 21 order requires that you stay completely away from this 22 individual, from her home, school, or place of business. 23 There can be no contact whatsoever by phone, text, or 24 , directly, or indirectly through other people. Do 25 you understand? 5 1 THE DEFENDANT: Yes. 2 THE COURT: There are mandatory surcharges in the 3 amount of $200 and $50 DNA fee. Can she pay that today as 4 well? 5 MR. BREIBART: Yes. 6 THE COURT: She is sentenced. We'll forthwith 7 this matter to the Cashier's Part for payment. Take 8 charge.

5 9 * * * * * Certified to be a true and accurate transcript. 12 _ 13 Christine Riccio, Official Court Reporter