Passion has the charges reinstated after they were dismissed

CRIMINAL COURT OF COUNTY OF KINGS
COUNTY OF KINGS : CRIMINAL TERM : PART AP-1
-------------------------------------x
THE PEOPLE OF THE STATE OF NEW YORK  :   DOCKET NO.
                                     :   98K014430
           -against-                 :
                                     :
SAM SLOAN,                           :
                        DEFENDANT    :
-------------------------------------x
                                          120 Schermerhorn Street
                                          Brooklyn, New York 11201
                                          April 14, 1998 

B E F O R E: 

                      HON. JEROME KAY, Judge 


A P P E A R A N C E S: 

                     FOR THE PEOPLE:
                     CHARLES J. HYNES, ESQ.
                     District Attorney, Kings County
                                     210 Joralemon Street
                                     Brooklyn, New York 11201
                         By:         ERNEST SAVOY, ESQ.
                                     Assistant District Attorney 

                                     FOR THE DEFENDANT:
                                     JONATHAN FINK, ESQ. 

                                                  SHANNA RUSSO
                                                  Official Court Reporter 

* * * * * * * * * * * * *

COURT OFFICER: Add to the AP-1 calendar, Docket 98K014430, Sam Sloan.

MR. FINK: Judge, I am standing up.

THE COURT: You can stand up.

What are we doing with Mr. Sloan.

Mr. SAVOY: Your Honor, People are reducing this case.

THE COURT: Let's reduce it.

MR. SAVOY: New charges, 110, 130.20, and 240.26.

THE COURT: 110, 135 is reduced to what?

MR. SAVOY: I guess to 110, 130.20.

THE COURT: I don't know, what is 130.20, you better tell me.

MR. SAVOY: Attempted sexual misconduct.

THE COURT: 110, 130.20, and attempted sexual misconduct, what degree?

MR. SAVOY: I don't know if there is a degree. There is no degree your honor.

THE COURT: Okay.

MR. SAVOY: Your Honor, all I have is a superseding information.

THE COURT: I don't hear you.

MR. SAVOY: All I have is a superseding information. Yes, I do.

THE COURT: Give me the superseding information.

MR. SAVOY: 240.26, Your Honor.

COURT OFFICER: 110, 130.20, and 240.26 .

THE COURT: Waive the reading of the charges?

MR. FINK: Yes.

MR. SAVOY: People are also serving and filing a corroborating affidavit and announcing ready.

THE COURT: AP-2B for Monday.

MR. FINK: Judge can we have May 12th?

THE COURT: AP-2B for Monday or Wednesday 4/20

MR. FINK: Is Wednesday okay?

THE COURT: 4/22.

MR. FINK: AP-2B you said, Judge?

THE COURT: Yes, 4/22.

Let him wait for the order of protection.

MR. SLOAN: I want to reject this. It was dismissed without prejudice. It was dismissed and now they want to start the whole thing over. I object to the order of protection.

Your honor I don't know this person. I would like to --

THE COURT: All I can do, I will tell you as your lawyer told you, that it was dismissed without prejudice. The word without prejudice means it can be added to the calendar . You have to get the order of protection until the next time. The closest I can do is, I can put it on for tomorrow or Friday and we will notify your attorney.

MR. SLOAN: What is the basis of the order of protection. Why do they want an --

THE COURT: You had one before and they continued the order of protection.

MR. SLOAN: No, you didn't.

THE COURT: I am ordering an order of protection, sir. You had one before. This is because of --

MR. SLOAN: I am harassed by this person.

THE COURT: I know what we will do. We're going to put it on for tomorrow, AP-2B, 4/15. We will notify your lawyer. It is on for tomorrow, 4/15. I will give you an order of protection until tomorrow. It is no longer a felony, it's been reduced. It is a misdemeanor. I will order your attorney to come in tomorrow.

CERTIFIED TO BE TRUE
AND ACCURATE TRANSCRIPT

SHANNA RUSSO
OFFICIAL COURT REPORTER


Passion is very aggressively pushing this case. The case was in court again on May 20 and was adjourned again. I have done everything I can possibly think of to resolve this problem. Here are two more letters I wrote about this: Letter dated March 5, 1998 and Letter dated March 26, 1998.


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Contact address - please send e-mail to the following address: Sloan@ishipress.com