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Hector Pagan Transcript Doc 12 1143

The court granted the government's application to exclude time from December 8, 2011 to January 11, 2012 for the purpose of speedy trial computations. This was to allow the prosecution and defense counsel to focus on plea negotiations, as both parties believed a plea agreement could be reached within this period. The defendant consented to the exclusion after discussing it with his attorney.

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Hector Pagan Transcript Doc 12 1143

The court granted the government's application to exclude time from December 8, 2011 to January 11, 2012 for the purpose of speedy trial computations. This was to allow the prosecution and defense counsel to focus on plea negotiations, as both parties believed a plea agreement could be reached within this period. The defendant consented to the exclusion after discussing it with his attorney.

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Case 1:11-mj-01143-ALC Document 12 Filed 02/11/14 Page 1 of 5 PageID #: 17

UNITED STATES DISTRICT COURT


EASTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
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HECTOR PAGAN, JR.,
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Defendant.
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APPEARANCES:

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For the Government:

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UNITED STATES ATTORNEY


BY: NICOLE ARGENTIERI, ESQ.
ASSISTANT U.S. ATTORNEY

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TRANSCRIPT OF CRIMINAL CAUSE FOR APPLICATION AND ORDER


BEFORE THE HONORABLE LOIS BLOOM
UNITED STATES MAGISTRATE JUDGE

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December 8, 2011
Brooklyn, New York

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11-M-1143

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For Defendant/Pagan:

ALLEN LASHLEY, ESQ.

Court Transcriber:

SHARI RIEMER
TypeWrite Word Processing Service
211 N. Milton Road
Saratoga Springs, New York 12866

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Proceedings recorded by electronic sound recording,


transcript produced by transcription service

Case 1:11-mj-01143-ALC Document 12 Filed 02/11/14 Page 2 of 5 PageID #: 18

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(Proceedings began at 2:46 p.m.)

THE CLERK: Criminal Cause for Excludable Delay, USA

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v. Hector Pagan, Case Number 11-1143-M.


Counsel, your name for the record.

MS. ARGENTIERI: Nicole Argentieri for the United

THE COURT: Good afternoon and good afternoon to you,

Mr. Pagan.

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THE DEFENDANT: Good afternoon.

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THE COURT: Ive been presented with an application


and order that excludes the time between today and January 11,

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2012 from the computation of the time period within which an

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information or indictment against you must be filed and

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although Im confident youve discussed this matter with Mr.

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Lashley, your attorney, I need to make sure for myself that

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you understand the nature of the request and its consequences.

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Good

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afternoon, Judge.

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MR. LASHLEY: Allen Lashley for defendant.

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Good afternoon, Judge.

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States.

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So permit me to inform you that the Government has

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30 days from the date that youre arrested to bring the

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charges and the evidence against you to a group of people who

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are not part of the Government who are called the grand jury.

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The grand jury then gets to vote whether or not theres

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sufficient evidence to indict you on that charge and to carry

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that matter over to a trial.

If the Government doesnt go to

Case 1:11-mj-01143-ALC Document 12 Filed 02/11/14 Page 3 of 5 PageID #: 19

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the grand jury within 30 days to get an indictment against

you, your attorney can come into court and ask that the

charges against you be dismissed as a violation of your right

to a speedy indictment.

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attorney?

THE DEFENDANT: Yes, I have.

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regarding this application?

THE COURT: Do you have any questions for the court

THE DEFENDANT: No, I dont.

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THE COURT: Let me ask Ms. Argentieri and Mr.

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Lashley, can you place on the record the basis for the

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application?

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MS. ARGENTIERI: Yes, Judge.

The parties are engaged

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in plea negotiations that we believe will be successful within

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this period.

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THE COURT: Did you discuss this matter with your

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THE DEFENDANT: Yes, I do.

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consequences?

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Do you understand this application and its

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THE COURT: Mr. Lashley, are you stating you need to

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focus your efforts on plea negotiations without risking that

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despite your diligence you wouldnt have sufficient time to

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effectively prepare the case for trial?

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MR. LASHLEY: Thats correct, Judge.

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THE COURT: Then let me pass this forward.

Ms. Yuen,

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can you pass this to Mr. Pagan.

signature on the form, sir?

Mr. Pagan, is this your

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THE DEFENDANT: Yes, it is.

THE COURT: Because the parties have represented to

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the court that theyre engaged in plea negotiations that they

believe may result in a disposition of the case without a

trial and that they need this time to focus their efforts on

plea negotiations without risking that despite their diligence

they would not have sufficient time to effectively prepare for

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trial the court grants the exclusion of time between today and

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January 11, 2012 from the computation of the time period

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within which an indictment must be filed.

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that this exclusion of time serves the ends of justice and

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outweighs the interests of the public and the defendant in a

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speedy indictment for the reasons stated on the record.

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Pagan on behalf of the United States?

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MS. ARGENTIERI: No, Judge.

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THE COURT: Anything further, Mr. Lashley?

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MR. LASHLEY: No, Judge.

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THE COURT: Then this matter is adjourned.

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The court finds

Is there anything else today with respect to Mr.

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you.

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(Proceedings concluded at 2:49 p.m.)

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* * * * *

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Thank

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I certify that the foregoing is a court transcript from

an electronic sound recording of the proceedings in the above-

entitled matter.

February 11, 2014

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Shari Riemer

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Dated:

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