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

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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

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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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