STATE OF NEW YORK COUNTY COURT COUNTY OF MONROE THE PEOPLE OF THE STATE OF NEW YORK, MOTION: DISMISS PURSUANT TO Ann Marie Preissler, Assistant Attorney General 120 Broadway, 22?? Floor New York, NY 10271 Telephone: (212) 416-8768 VS CPL ??30.10, 30.20 AND 30.30 DANIEL A JOHN MAGGIO, INDICTMENT N0.: NELSON RIVERA AND ROBERT WIESNER, . DEFENDANTS. A I 3 I IT MOTION BY: Michael P. Schiano, Esq. Attorney for Defendant DANIEL TIME and PLACE OF HEARING: 2014, ?-33 County Court, Hall of Justice Rochester, New York 14614 The Hon. Robert C. Noonan, County Court Judge RELIEF DEMANDED: -Motion to Dismiss Pursuant to 1? - CPL ??30;10, 30.20, 30.30 -Leave to Make Further Motions. . C) is co SUPPORTING PAPERS: - Af?davit of Michael P. Schiano, DATED: February 2014 Respec .T, 4' $.33 MICHAEL P. re The Schiano Law Office, P.C. 3% 315 Wilder Building One East Main Street Rochester, New York 14614 08 Telephone: (585)546-7150 ?g as . -Q TO: ERIC T. SCHNEIDERMAN, NYS Attorney General ?t ,1 .- CC: DAVID ROTHENBERG, ESQ. Geiger and Rothenberg, LLP Attorney for Defendant John Maggio 45 Exchange Street, Suite 800 Rochester, NY 14614 MATTHEW NAFUS, ESQ. Attorney for Defendant Nelson Rivera 54 Main Street Scottsville, NY 14546 JAMES L. NOBLES, ESQ. Attorney for Defendant Robert Wiesner 45 Exchange Blvd., Suite 275 Rochester, NY 14614 STATE OF NEW YORK . COUNTY COURT COUNTY OF MONROE THE PEOPLE OF THE OF NEW YORK, AFFIDAVIT VS DANIEL . JOHN MAGGIO, INDICTMENT No.: 1007AG-2013 NELSON RIVERA AND ROBERT WIESNER, DEFENDANTS. STATE OF NEW YORK) COUNTY OF MONROE) CITY OF ROCHESTER) ss: MICHAEL P. SCHIANO, ESQ., being duly sworn deposes and says: 1) That I am an attorney duly quali?ed and licensed to practice_law in the -State of New York and maintain offices at 315 Wilder Building, One East Main Street, Rochester, New York, 14614. I represent the Defendant DANIEL (hereinafter in the above entitled action and as such am fully familiar with the facts and circumstances surrounding this case, and that each and every statement made herein is made with the understanding of any discovery materials supplied, conversations with the Defendant and/or upon information and belief. I 2) That I join in any and all Motions made by counsel for the co-defendants regarding any Statute of Limitations issues with any and all Counts of Indictment No.: 1007AG- 2013. Specifically, I join in Mr. Rothenberg? Motion to Dismiss Counts One thri?ghgour of the $3 . .1 Indictment, the Donnelly Act'Counts. P) C0 C3 3) That I reserve the right to challenge any other Cou ?the