EXHIBIT A 00929366.1
â Page 1 1 DISTRICT COURT OF THE COUNTY OF NASSAU FIRST DISTRICT : CRIMINAL PART 1 2 ------------------------------------------X 3 THE PEOPLE OF THE STATE OF NEW YORK 4 -against- Index No. CR-007076-16NA 5 JASON STALLWORTH, 6 Defendant. 7 ------------------------------------------x 8 Hempstead, New York 9 September 23, 2016 10 B E F 0 R E: HON. TRICIA M. FERRELL 11 District Court Judge 12 A P P E A R A N C E S: 13 MADELINE SINGAS, ESQ. District Attorney 14 BY: DIANE PERESS, ESQ. - Nassau County 15 Assistant District Attorney 16 CHAUNCEY HENRY, ESQ. Attorney for Defendant 17 825 E. Gate Boulevard, suite 106 Garden City, New York 11530 18 19 20 21 M I N U T E S 0 F P L E A 22 23 24 25 Official Christopher M. Jordan Court Reporter
Page 2 1 THE CLERK: For the record, 35, Jason 2 Stallworth. 3 MR. HENRY: For Mr. Stallworth, Chauncey 4 Henry, 825 E. Gate Boulevard, Garden City, New York. 5 Good morning, your Honor. 6 MS. PERESS: For the People, ADA Diane 7 Peress, P-E-R-E-S-S. 8 Good morning, your Honor. 9 THE COURT: Good morning, counsel. 10 Counsel, your application. 11 MR. HENRY: Judge, at this time I'd like to 12 withdraw Mr. Stallworth's previously entered plea of 13 not guilty and with respect to the prearranged 14 disposition in this matter to plead guilty to the 15 charge. 16 THE COURT: All right. 17 THE CLERK: Please raise your right hand. 18 (Whereupon, the defendant was duly sworn.) 19 THE CLERK: Lower your hand, sir. State 20 your name and address for the record. 21 THE DEFENDANT: Jason Stallworth, 34 Grant 22 Avenue, Islip, New York 11751. 23 THE COURT: Mr. Stallworth, have you 24 discussed this matter with your attorney and are you 25 satisfied with the representation that you' ve
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: Page 3 12/20/2017 1 received? 2 THE DEFENDANT: Yes. 3 THE COURT: Has anyone forced or coerced you 4 to plead guilty at this time? 5 THE DEFENDANT: No. 6 THE COURT: Do you understand that by you' 7 pleading guilty re waiving certain rights 8 including your right to a trial, your right to remain 9 silent and your right to have the People prove your 10 guilt beyond a reasonable doubt? 11 THE DEFENDANT: Yes. 12 THE COURT: Do you also understand that if 13 you are not a citizen of the United States, by 14 pleading guilty to a misdemeanor, it may impact your 15 immigration status in this country and have immediate 16 deportation proceeding implications? 17 THE DEFENDANT: Yes. 18 THE COURT: Counsel, do you wish to 19 inquire? 20 MS. PERESS: As to -- 21 THE COURT: As to the allocution. 22 MS. PERESS: Yes, your Honor, thank you. 23 Mr. Stallworth, between January 1st of 2014 24 and February 28th of 2015, were you the vice president 25 of a company called Vestor Homes?
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: Page 4 12/20/2017 1 THE DEFENDANT: Yes. 2 MS. PERESS: And was Gary Fouche, 3 F-O-U-C-H-E, the president of Vestor Homes? 4 THE DEFENDANT: Yes. 5 MS. PERESS: In February, 2014, did you 6 facilitate Gary Fouche sending a deed by e-mail to 7 Mark and Wendy Friedman for 555 County Line Road, 8 Amityville, New York and you failed to verify that the 9 property had actually been sold at that time? 10 THE DEFENDANT: Yes. 11 MS. PERESS: In March of 2014, did you 12 facilitate Gary Fouche sending a deed by e-mail to 13 Mark and Wendy Friedman for 133 Windsor Parkway, 14 Hempstead, New York and you failed to verify that the 15 property had actually been sold at that time? 16 THE DEFENDANT: Yes. 17 MS. PERESS: And during the period of 18 January 1st, 2014 and February 28th, 2015, did you 19 become aware that Gary Fouche was sending those deeds 20 to the Friedmans in order to misappropriate more than 21 $50,000 from the Friedmans? 22 THE DEFENDANT: Yes. 23 MS. PERESS: And you thereby aided Gary 24 Fouche to steal that money? 25 THE DEFENDANT: Yes.
Page 5 1 MS. PERESS: And this happened in the County 2 of Nassau and elsewhere? 3 THE DEFENDANT: Yes. 4 MS. PERESS: Thank you. 5 Thank you, your Honor. 6 THE COURT: People satisfied? 7 MS. PERESS: Yes, your Honor. 8 THE COURT: And counsel, do you wish to 9 place anything further on the record at this time? 10 MR. HENRY: Your Honor, with respect to Mr. 11 Stallworth and the facts surrounding this case, Mr. 12 Stallworth accepts responsibility for this and we 13 certainly appreciate the ADA's discretion in this 14 case. 15 THE COURT: And Madam ADA, my understanding 16 is that the People were recommending a conditional 17 discharge at the time of sentence? 18 MS. PERESS: Yes, your Honor, if certain 19 conditions are met, yes. 20 THE COURT: Very well. 21 Mr. Stallworth, this is an open plea, the 22 Court has not made any commitments, but I'm aware of 23 the facts and circumstances that were discussed at the 24 bench and also the fact that Mr. Stallworth has no 25 prior criminal record up until this alleged incident
Page 6 1 that he's now pled guilty to. We'll adjourn this 2 matter for further conference and possible sentence. 3 Mr. Stallworth, you must be here on October 4 the 24th. If you fail to appear, a warrant may be 5 issued for your arrest, you may be sentenced in your 6 absence and you may be sentenced up to one year in 7 jail; do you understand, sir? 8 THE DEFENDANT: Yes. 9 THE COURT: In addition, there could be no 10 further arrests between now and your sentencing date. 11 If you fail to abide by that condition, you may also 12 face up to one year in jail; do you understand, sir? 13 THE DEFENDANT: Yes. 14 THE COURT: October 24th. Thank you. 15 MS. PERESS: Thank you, your Honor. 16 MR. HENRY: Thank you, your Honor. 17 THE COURT: You're welcome. 18 * * * 19 20 C E R T I F I C A T I 0 N 21 22 I hereby certify the within to be a true and 23 accurate transcription of my stenographic notes in the 24 above proceeding. 25 Christopher M. Jo an