THE PEOPLE OF THE STATE OF NEW YORK
APPEARANCES : FOR THE PEOPLE
WILFRED COTTO, ESQ.
Assistant District Attorney
FOR THE DEFENDANT
JOHN MONTELEONE, ESQ.
Assigned Pursuant to 18B
A. CARIO TRAPANI
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COURT OFFICER: Sloan, step out, Docket ending 430, Sam Sloan - Defendant charged with 130.65.
MR. MONTELEONE: John Monteleone for the defendant, Waive the reading but not the rights.
MR. COTTO: Your honor this is an attempted rape -- the people are serving 240.30, 250.20, 710.30 1A, sum and substance of the defendant's statement -- the defendant said he did E-Mail the letter and the complainant had sex every morning -- on the computer or other --
THE COURT: On the Computer?
MR. COTTO: The People are asking for an ORDER of Protection. We are asking for a thousand, as this is an attempted rape--
THE COURT: How can you sexually abuse someone named Passion on a computer?
MR. COTTO: No, it was face to face, wasn't through the computer. The relationship was, they are roommates, there is no history of abuse. The complainant was not injured -- they lived together, but in separate bedrooms.
THE COURT: Is this a little confusing?
MR. MONTELEONE: Your HONOR, they are boyfriend and girlfriend.
THE COURT: I thought they were roommates?
MR. COTTO: Not exactly, but the same apartment. What happened is this -- the complainant is in her bedroom -- she is on the phone talking to someone else. Defendant then questions her about who she is talking to on the phone, pins her on the floor, and says we are going to fuck, and defendant tries to pull the complainant's pants off -- they struggle, but the cloths don't come off.
That is our version of the case, and my bail application is seventy five hundred, not a thousand based on the information I have before me.
MR. MONTELEONE: The defendant is a paralegal, working for a law firm on Remsen and the complainant is his girlfriend, they are living together since October of '97 and they had sex over thirty times. This is not E-Mail. They slept together.
THE COURT: I see.
MR. MONTELEONE: The complainant is his girlfriend and an attorney. She has to take the bar, yet, didn't take the bar yet.
She claims she called the police several weeks ago. Changes her story three times. The Court will notice this happened January 18th--.
THE COURT: When was this reported?
MR. MONTELEONE: February 13th --
THE COURT: Is that Valentine's Day?
MR. MONTELEONE: We are serving cross Grand Jury, Judge -- and I am asking that my client be ROR'd.
THE COURT: Well, I am afraid you know. He lives there with Passion --
MR. MONTELEONE: She moved out the day, the 18th of January she moved out. She called the police and said she wasn't -- she said she didn't make the complaint at that time, according to my client -- she said he was harassing her. She moved out -- not living there, Judge.
THE COURT: You stay away from Passion, do you understand me? ROR. AP1. Three, six.
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CERTIFIED TO BE TRUE AND ACCURATE
TRANSCRIPT A. CARIO TRAPANI