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STATE OF NEW YORK

COUNTY OF LIVINGSTON
TOWN OF YORK
---------------------------------------The People of the State of New York
-versusDANIELLE ALLEN
Defendant
---------------------------------------Arraignment
York Town Court
2668 Main Street
York, New York 14592
December 2, 2016
Digital Recording

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TOWN COURT

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P r e s i d i n g:
JUDGE WALTER PURTELL

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A p p e a r a n c e s:
GREG McCAFFREY, Esq. (Non-appearance)
Livingston County District Attorney
Two Court Street
Geneseo, New York 14454
Appearing on behalf of the People
CHERYL MEYERS BUTH, Esq.
Murphy Meyers, LLP
6506 East Quaker Street, Suite 200
Orchard Park, New York 14127
Appearing on behalf of the Defendant
Defendant present

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T r a n s c r i b e d

B y:

KATHRYN J. THOMPSON
Transcriber

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THE COURT:

Okay.

Miss Allen, I'm

Walter Purtell.

here in the Town of York.

an arraignment on a felony complaint that's

been filed by the Livingston County

Sheriff's Office and I'm going to read that

to you.

but I'm going to read it to you any way to

get it on the record and then we will talk

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I'm one of the two judges

And this will be

You may be aware of what's here

from there.

So --

MS. BUTH:

Judge, if it's easier

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since I'm appearing on behalf of Miss Allen

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-- this is Cheryl Meyers Buth for the

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record -- we'd be happy to waive the

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reading.

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THE COURT:

Okay.

Do -- may I ask,

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Miss Allen, what is your current address?

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Are you still -- you're not at the

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Fowlerville Road address anymore are you,

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ma'am?

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this point?

What is your current address at

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MS. ALLEN:

5859 Price Road.

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THE COURT:

5859?

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MS. ALLEN:

Price.

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THE COURT:

Price.

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MS. ALLEN:

Road, Livonia, New York.

THE COURT:

Okay.

Okay.

Do you live

with your father and mother at this point?

MS. ALLEN:

Yes.

THE COURT:

Okay.

Fine.

Okay.

Miss

Allen, your attorney has waived the reading

of the information.

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Just for the record I'm going to

indicate that you are being charged with a

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Class C felony, Manslaughter in the 2nd

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Degree.

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death of another person was caused by

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reckless action on your part according to

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the Information that's been filed with the

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Court.

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Manslaughter because allegedly the

Now, this allegation in no way

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implies that you are necessarily guilty of

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the charge.

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you were found guilty after a trial and we

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-- everybody here is assuming that you're

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not guilty until otherwise proven.

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You would only be guilty if

Also, once you leave here this case

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will be -- unless your attorney or Mr.

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McCaffrey wishes a felony hearing -- then I

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would -- I have 144 hours that I can take

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before I schedule one which would be some

time next week -- unless you want a felony

hearing then this case would be held for

the Grand Jury.

would either indict or no bill depending on

their view of this particular matter.

everything else would occur in County

Court.

this court again.

And then the Grand Jury

And

So in many ways you may not be in

In another way if your

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attorney or the DA wishes a felony hearing

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then we will see you back here next week,

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probably Tuesday or -- around Tuesday or so

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I think.

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hours and give it as much as I can.

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I'm sure your attorney has had some time to

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review this case and to get some idea what

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action she's going to take on it.

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I'll have to figure out the 144

Now, you did get copies of the

Information that's been filed?
MS. BUTH:

Judge, we acknowledge

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receipt of a copy of the Criminal

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Complaint.

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THE COURT:

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MS. BUTH:

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And

Okay.
A copy of the Supporting

Deposition which is two pages.

And also a

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copy of a one-page Death Confirmation

Summary Report from the Medical Examiner.

THE COURT:

MS. BUTH:

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We formally enter a plea

of not guilty.
THE COURT:

Okay.

I expected that.

Very good.
MS. BUTH:

May I be heard in terms of

scheduling, your Honor?

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THE COURT:

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MS. BUTH:

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Okay.

Pardon?
May I be heard in terms of

scheduling?

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THE COURT:

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MS. BUTH:

Yes, ma'am, please.

So the Court is right,

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normally a felony hearing would have to be

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held within 144 hours if Miss Allen

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continued to be held in custody.

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wanted to tell you, Judge, I have a bail

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bondsman outside --

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THE COURT:

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MS. BUTH:

But I

Oh.
-- Don Schaefer, who I

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know who has posted bail here before.

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the parents are prepared to post the bail

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as soon as it's set.

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THE COURT:

Okay.

And

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MS. BUTH:

In my preliminary

conversations with Mr. McCaffrey I think we

can set it for a felony hearing but I'm

expecting that that date would be adjourned

because she'll be out of custody.

THE COURT:

Okay.

That's fair

enough.

And I will set the -- at this

point set the felony hearing for December

-- I'll set it for the 6th, Tuesday the

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6th.

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-- my dance card at home and my calendar

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has been crazy because my daughter and my

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wife are going to Strong for different

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treatments and I'm starting to go to a

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chiropractor.

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I think that's going to work out.

MS. BUTH:

I'm sorry to hear that,

your Honor.

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THE COURT:

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MS. BUTH:

It's hectic.
I think what I can do is

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probably if it's all right with the Court

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call you Monday and just let you know that

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for sure that's going to be adjourned.

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THE COURT:

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MS. BUTH:

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THE COURT:

Okay.
But that's what I expect.
And if I'm not here my --

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the Clerk will be here.

4:30 and we have court Monday night.

MS. BUTH:

THE COURT:

She's here until

Yea.
Every Monday night so

I'll put a tentative felony hearing at --

December 6th.

o'clock in the afternoon.

not be necessary.

25/50?

And I'll set that for 4

It may or may

And the DA recommends

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UNIDENTIFIED SPEAKER:

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MS. BUTH:

Yes, sir.

And the defense has no

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objection to that.

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McCaffrey this morning and I told him we'd

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be prepared to post that.

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THE COURT:

I spoke with Mr.

Okay.

And, Major, you're

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in a position that you will be able to get

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that going right away, sir?

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MAJOR:

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THE COURT:

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Yes, sir.

signature to get her out of jail once --

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MAJOR:

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MS. BUTH:

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He's here.
He's sitting right

outside.

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So you only need my

THE COURT:
good.

Okay.

Okay.

Good move.

Very

Then since defense has no

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objection on the bail this Court will

impose the bail or a bond of $25,000 cash

or insurance company bond or $50,000.

Actually, the $50,000 is normally the bond.

MS. BUTH:

THE COURT:

MS. BUTH:

THE COURT:

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$50,000 bond.
CLERK:

Correct.
25 is cash.
Correct.
So it's 25k cash and

Okay.
You better open the door

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because they're going to sue us because

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we've got the door shut.

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THE COURT:

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CLERK:

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Who?
And they're all out here

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and this guy is in Rochester calling us so

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I don't know what to tell him.

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THE COURT:

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CLERK:

Sue us for what?

Because it's open court and

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just open the door.

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they want to come in.

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THE COURT:

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needs is a good suit.

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CLERK:

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THE COURT:

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Just don't let -- if

That's what the Town

His Office too so -Don't worry.

Okay.

Do

you have any questions, Miss Allen, about

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what you -- about the charge that's been

filed against you?

there was a death called -- caused

resulting from some contact you had with

this -- with this other subject.

say there was some -- that's the bottom

line, that's what I half expected would

come of this if it was charged it'd be a

Manslaughter charge because of the death.

It basically is that

And they

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So that doesn't really -- this doesn't

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surprise me.

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is a Class C felony but I say nobody here

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is accusing you of doing it.

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there, I didn't see it.

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other than you and the poor devil that got

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killed.

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based on the examination of the scene and

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evidence that they've managed to obtain and

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this type of thing.

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problem.

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So that's basically it.

It

I wasn't

Nobody saw it

So you know everybody -- it's just

Yea, we've got a fly

So okay if you have no problem then

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the bail will be set at 25 cash, $50,000

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bond.

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will be set for December 6th at this court

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at 4 o'clock in the afternoon.

The potential preliminary hearing

And -- oh,

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they'll have to take you over to the jail

to hold you there until the bondsman can

get over and post the bond.

that's basically the standard procedure

here.

bond here but --

We normally -- I have a copy of the

MS. BUTH:

THE COURT:

He can --

Thank you.
-- I have to sign it once

he gets it ready and then he'll be right

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behind you getting over there so your tires

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won't be cool.

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Major, do either you or your wife

have any questions?

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MAJOR:

No, I don't think so at this

point.

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MS. BUTH:

Judge, now that you have

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the bond prepared could I ask Mr. Schaefer

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to step in here --

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THE COURT:

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MS. BUTH:

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paperwork?

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be --

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Certainly.
-- so we can fill out his

Because out there is going to

THE COURT:

Yea, I know.

Yes, if you

will, please.
JAIL DEPUTY:

Do you want to wait

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until we leave, your Honor?

THE COURT:

JAIL DEPUTY:

I'm sorry, what?

I just said if you

wanted for us to leave that way it didn't

create a huge commotion but that's fine.

THE COURT:

UNIDENTIFIED MALE:

Hi, how are you?

Good.

How are

you?

THE COURT:

Good.

Okay.

We were

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told that they could get copies of the

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charge that's after the arraignment is

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over.

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copy of the charge.

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they get if that's all I get.

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UNIDENTIFIED MALE:

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So we'll be happy to give them a

THE COURT:

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JAIL DEPUTY:

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Okay.

Yea, thank you.

Are you all set with

us, sir?
THE COURT:

I'm all set, gentlemen

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and lady.

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you jail deputies or are --

You folks will be -- now, are

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JAIL DEPUTY:

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THE COURT:

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I just

wanted to let you know.

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It's all basically all

Yes, sir.
-- you road deputies?

You're jail deputies, okay.

Okay then

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fine.

Well I guess you're all set unless

you have to return here.

won't have to, bail will be posted right

behind you so the felony hearing will be

just a formality that I put on the thing.

JAIL DEPUTY:

THE COURT:

Well you probably

Yes, sir.
I'll probably have to

submit another one if there isn't any

saying that being held for Grand Jury.

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she won't be held.

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will be it.

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JAIL DEPUTY:

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THE COURT:

That will be good, that

Yes, sir.
That's right.

I've got

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to stop and think here.

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middle of an afternoon on a Friday.

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We're in the

UNIDENTIFIED SPEAKER:

Do we have a

next court date then, Judge, or is --

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MS. BUTH:

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UNIDENTIFIED SPEAKER:

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THE COURT:

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Oh,

December 6th.
December 6th.

December 6th is a

tentative felony hearing date, yes.

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UNIDENTFIED SPEAKER:

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THE COURT:

Okay.

All set.

I think we're all set and

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you can go out through that door if you

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want.

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JAIL DEPUTY:

We can go out this

door?

THE COURT:

go out the front one.

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Yea, if you don't want to

JAIL DEPUTY:

I didn't know there was

the door out here.

THE COURT:

Or, you can go out that

way, whatever is going to make them happy.

(Inaudible - multiple people talking

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over each other).

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UNIDENTIFIED WOMAN:

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You'll be closer

to the stairs.
JAIL DEPUTY:

Yea, we'll go this way.

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Oh, the other way will be closer to the

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stairs?

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UNIDENTIFIED WOMAN:

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THE COURT:

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Yea.

Yea, you can go out right

through behind Norma and out that other.

UNIDENTIFIED FEMALE:

It doesn't make

any difference, does it?

THE COURT:

Yea, they're going to be

there to get pictures.

(Recording ended).

Smile pretty.

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C E R T I F I C A T E

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I, Kathryn J. Thompson, do hereby

certify that I have transcribed from

digital recording the Arraignment in the

matter of the People of the State of New

York versus Danielle Allen, at the York

Town Court, 2668 Main Street, York, New

York.

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And that such transcript, numbered

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pages one through thirteen, is an accurate

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and correct record of the digital

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recording.

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___________________________

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Kathryn J. Thompson

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1
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EDITH E. FORBES (585) 343-8612

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2
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12:16, 12:19, 12:22
Medical [1] - 5:2
MEYERS [1] - 1:18
Meyers [2] - 1:18, 2:13
middle [1] - 12:15
Miss [6] - 2:1, 2:12,
2:17, 3:5, 5:16, 8:25
Monday [3] - 6:21, 7:2,
7:4
morning [1] - 7:13
mother [1] - 3:3
move [1] - 7:24
MR [4] - 7:10, 12:16,
12:19, 12:22
MS [25] - 2:11, 2:22,
2:24, 3:1, 3:4, 4:20,
4:24, 5:4, 5:8, 5:11,
5:14, 5:21, 6:1, 6:16,
6:19, 6:24, 7:3, 7:11,
7:22, 8:5, 8:7, 10:7,
10:16, 10:20, 12:18
multiple [1] - 13:9
Murphy [1] - 1:18

N
necessarily [1] - 3:17
necessary [1] - 7:8
need [1] - 7:19
needs [1] - 8:22
NEW [1] - 1:1
New [7] - 1:4, 1:9,
1:16, 1:19, 3:1, 14:6,
14:8
next [3] - 4:2, 4:11,
12:16
night [2] - 7:2, 7:4
nobody [1] - 9:12
Nobody [1] - 9:14
Norma [1] - 13:18
normally [3] - 5:15,
8:4, 10:5
numbered [1] - 14:10

O
o'clock [2] - 7:7, 9:25
objection [2] - 7:12,
8:1
obtain [1] - 9:18
occur [1] - 4:7
OF [3] - 1:1, 1:2
Office [2] - 2:6, 8:23
Official [1] - 1:24
once [3] - 3:22, 7:20,
10:8
one [6] - 2:2, 4:1, 5:1,

12:8, 13:4, 14:11

one-page [1] - 5:1
open [3] - 8:10, 8:18,
8:19
Orchard [1] - 1:19
other) [1] - 13:10
otherwise [1] - 3:21
outside [2] - 5:19,
7:23

P
page [1] - 5:1
pages [2] - 4:25, 14:11
paperwork [1] - 10:21
Pardon [1] - 5:10
parents [1] - 5:23
Park [1] - 1:19
part [1] - 3:13
particular [1] - 4:6
people [1] - 13:9
People [3] - 1:4, 1:17,
14:6
person [1] - 3:12
pictures [1] - 13:22
plea [1] - 5:4
point [4] - 2:21, 3:3,
6:8, 10:15
poor [1] - 9:15
position [1] - 7:16
post [3] - 5:23, 7:14,
10:3
posted [2] - 5:22, 12:3
potential [1] - 9:23
preliminary [2] - 6:1,
9:23
prepared [3] - 5:23,
7:14, 10:17
present [1] - 1:20
pretty [1] - 13:22
Price [3] - 2:22, 2:24,
2:25
problem [2] - 9:20,
9:21
procedure [1] - 10:4
proven [1] - 3:21
PURTELL [1] - 1:12
Purtell [1] - 2:2
put [2] - 7:5, 12:5

Q
Quaker [1] - 1:19
questions [2] - 8:25,
10:13

R
read [2] - 2:6, 2:8
reading [2] - 2:15, 3:6
ready [1] - 10:9
really [1] - 9:10
receipt [1] - 4:21
reckless [1] - 3:13
recommends [1] - 7:8
record [4] - 2:9, 2:14,
3:8, 14:12
Recording [1] - 13:23
recording [2] - 14:5,
14:13
Report [1] - 5:2
resulting [1] - 9:4
return [1] - 12:2
review [1] - 4:16
Road [3] - 2:19, 2:22,
3:1
road [1] - 11:24
Rochester [1] - 8:15

S
saw [1] - 9:14
scene [1] - 9:17
Schaefer [2] - 5:21,
10:17
schedule [1] - 4:1
scheduling [2] - 5:9,
5:12
see [2] - 4:11, 9:14
set [13] - 5:24, 6:3,
6:7, 6:8, 6:9, 7:6,
9:22, 9:24, 11:18,
11:20, 12:1, 12:22,
12:23
Sheriff's [1] - 2:6
shut [1] - 8:12
sign [1] - 10:8
signature [1] - 7:20
sitting [1] - 7:22
Smile [1] - 13:22
soon [1] - 5:24
sorry [2] - 6:16, 11:2
stairs [2] - 13:12,
13:15
standard [1] - 10:4
starting [1] - 6:14
STATE [1] - 1:1
State [2] - 1:4, 14:6
step [1] - 10:18
still [1] - 2:18
stop [1] - 12:14
Street [4] - 1:8, 1:16,
1:19, 14:8
Strong [1] - 6:13

EDITH E. FORBES (585) 343-8612

subject [1] - 9:5

submit [1] - 12:8
sue [1] - 8:11
Sue [1] - 8:17
suit [1] - 8:22
Suite [1] - 1:19
Summary [1] - 5:2
Supporting [1] - 4:24
surprise [1] - 9:11

T
tentative [2] - 7:5,
12:21
terms [2] - 5:8, 5:11
THE [44] - 2:1, 2:16,
2:23, 2:25, 3:2, 3:5,
4:23, 5:3, 5:6, 5:10,
5:13, 5:20, 5:25, 6:6,
6:18, 6:23, 6:25, 7:4,
7:15, 7:19, 7:24, 8:6,
8:8, 8:13, 8:17, 8:21,
8:24, 10:8, 10:19,
10:23, 11:2, 11:6,
11:9, 11:17, 11:20,
11:24, 12:7, 12:13,
12:20, 12:23, 13:3,
13:7, 13:17, 13:21
they've [1] - 9:18
thirteen [1] - 14:11
THOMPSON [1] - 1:24
Thompson [2] - 14:3,
14:17
tires [1] - 10:10
TOWN [2] - 1:1, 1:2
Town [4] - 1:8, 2:3,
8:21, 14:8
transcribed [1] - 14:4
Transcriber [1] - 1:24
transcript [2] - 1:24,
14:10
treatments [1] - 6:14
trial [1] - 3:19
Tuesday [3] - 4:12, 6:9
Two [1] - 1:16
two [2] - 2:2, 4:25
type [1] - 9:19

U
UNIDENTIFIED [5] 11:7, 11:15, 13:11,
13:16, 13:19
unless [3] - 3:23, 4:2,
12:1

3
V
versus [2] - 1:5, 14:7
view [1] - 4:6

W
wait [1] - 10:25
waive [1] - 2:14
waived [1] - 3:6
WALTER [1] - 1:12
Walter [1] - 2:2
ways [1] - 4:8
week [2] - 4:2, 4:11
wife [2] - 6:13, 10:12
wishes [2] - 3:24, 4:10
WOMAN [2] - 13:11,
13:16
worry [1] - 8:24

Y
YORK [2] - 1:1, 1:2
York [12] - 1:4, 1:8,
1:9, 1:16, 1:19, 2:3,
3:1, 14:7, 14:8, 14:9

EDITH E. FORBES (585) 343-8612