DISTRICT COURT FELONY COMPLAINT Citationtt . . I 209CR0023412 209AR0005330 Return Date 03/25/2009 Date/Time gvrAmgot,03/25/2009 at 02:20 Court Docket FIRST DISTRICT DOB THE PEOPLE OF THE STATE OF NEW YORK AGAINST 11/16/1982 Age SALVATORE PANE 26, 450 GROVE AVE PATCHOGUE NY 11772 Offenqe IN THE STATE OF NEW YORK COUNTY OF NASSAU: PO EDWARD BIENZ, \3466, BEING A MEMBER OF THE NASSAU COUNTY POLICE DEPT DEPOSES AND SAYS THAT ON OR ABOUT THE 25TH DAY OF MARCH, 2009, AT ABOUT 2:05 AM, AT CHARLES LINDBERG BLVD GARDEN CITY, THE DEFENDANT DID VIOLAT NEW YORK STATE NYS- . DWI 1 192(3) DRIVING WHILE INTOXICATED. NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE IN AN INTOXICATED CONDITION. ELONY TO WIT: On the aforesaid date and time and at the place aforesaid I Observed Salvatore Pane 2nd the defendant, operating a 2008 Toyota motor vehicle while in violation of Section 1 192, Subdivision 3, of the Vehicle and Traf?c Laws of the State of New York in that said defendant operated a motor vehicle while in an intoxicated condition. Sector 323 The Above is based upon information and belief, the source of said information and basis of said belief is the Plenum By personal observations of your deponent and the business records of the Department of Motor Vehicles. 8943BIENZ . . . . . . . . Said defendant havmg been conVICted Within the past ten years of Violating Section 11923 of the Vehicle and Traf?c Law on the 19TH day of FEBRUARY 2004 in DISTRICT Court, County of SUFFOLK, State of NEW YORK ANY FALSE STATEMENT MADE HEREIN IS PUNISHABLE AS A CLASS A MISDEMEANOR, PURSUANT TO SECTION 210.45 OF THE PENAL LAW- SUBSCRIBED BEFORE ME THIS 25TH DAY OF MARCH 2009. r17 . .. . 121:; EDWARD BIENZ so?r .74- . a - ,u SUPPORTING DEPOSITION AND BILL OF PARTICULARS 93ASJ Printed 03/25/2009?10342 By 6451THOMP Page 1 Ht Amer 209A: E05330 Arrest Date 03/25/2009 02:20 THE PEOPLE OF THE STATE OF NEW YORK AGAINST: SALVATORE II DOB 11/16/1982 The above defendant is charged by Simpli?ed Traf?c Information with operating a motor vehicle under the in?uence of alcohol or drugs, contrary to Section 1192 ofthe Vehicle and Traf?c Law. A SUPPORTING DEPOSITION and BILL OF PARTICULARS pursuant to Section 100.25 and 200.95, respectively, ofthe Criminal Procedure Law are hereby provided, as follows: On 03/25/2009, at or about 02:05, at the vicinity of CHARLES LINDBERG BLVD, GARDEN CITY, County of Nassau, State of New York, the Defendant, SALVATORE II did operate a motor vehicle under the influence of alcohol or drugs, contrary to section 1 192 of the Vehicle and Traffic Law. On March 25, 2009 at approximately 0205 hours, I Police Of?cer Bienz, observed the defendant Panc,Salvatore 11 (DOB 1 1/16/82) operating a 2008 Toyota 4DR color gray with NY Reg ELD6198 traveling on Charles Lindbergh Blvd, East Garden City NY while following the motor vehicle the operator was traveling above the posted speed limit and failed to signal a lane change. At the intersection of Stewart Ave and Quentin Roosevelt Blvd, I proceeded to activate my lights and siren to conduct a VTL stop. I approached the drivers side window and immediately smelled the odor of an alcoholic beverage emanating from his breath, slurred speech and observed the driver had red watery bloodshot eyes. The driver was unable to produce a New York State Drivers license. I then had the driver exit the Vehicle and come to the adjacent parking lot. The driver stated had only 2 beers". I conducted Standardized Field Sobriety Tests at the scene with positive clues. A PET was administered with results of. 1 8 . During the SF ST the defendant made many statements including was a Nassau District Attorney, but I left for Suffolk on January 6th" and work at Eastern District Court During the whole VTL investigation the defendant stated that he was another person. The defendant stated his name was Mikal Sachana, with date of birth 1 1/17/78 and stated he was a District Attorney in Suffolk County and had previously worked as a ADA in Nassau. The defendant was informed by your deponent that giving a false name, and date of birth, was a crime. The defendant stated again he was Mikal Sachana, date of birth 1 1/17/78. I subsequently placed the defendant under arrest for driving under the in?uence of alcohol . When being placed in custody the defendant stated "Don?t do this I'm married and have a kid and owe a hundred thousand dollars out in law school and my father died in 9?1 12001 named given (Chris I-Iiggens)" and he also stated know Tom Souzzi and Steve Levy's my cousin, I have both their numbers in my phone." Time of arrest was 0220 hours. PO. .Tata and I placed the defendant in the rear of RMP 323 and transported him to Central Testing for further testing. Upon inventory search of defendant's wallet incident to arrest a NYS ID card with the above listed defendant name was recovered. Miranda warnings read at 0302hrs. At Central Testing I read the defendant authorization for alcohol/breath to the defendant at 0330 hours and defendant refused to submit to a breath test. Defendant was asked again to submit to a chemical test at 03.33 and refused at 0334hrs and was deemed a refusal. Defendant Pane, Salvatore II is being charged with 192.3,.51 1.3 X4, 509.1, 11631.); Vehicle was impounded from scene to Bills Towing, 13 Midland Ave l'licksville. Impound 03?208?09. Vehicle to be held for Asset Iiortfeiture 250-09. RMP 323 Defendant has the following prior conviction(s) for section 1 192: 1 192.3 On 0251912004, the defendant was convicted in DISTRICT Court, in SUFFOLK, State YORK ANY FALSE MADE HEREIN IS PUNISIIABLE AS A CLASS A MISD EMEANOR, PURSUAN TO SECTION 210,45 OF THE PENAL LAW. Subscribed before me this 25TH day 2009. . Rt SUPPORTING DEPOSITION AND BILL OF PARTICULARS 93ASJ Pmaml 0312512009-10:42 By 64SITHOMP Page? 5- . SGT PATRICK. THOMPSON Duibndant 11 f?ijiCiTHE'? SUMMARY SHEET 93ASJ Printed 03225510094042 By 6451THOMP Page I 11/16/1982 . AITestBy 8943BIENZ 2092.1{0005330 Arrest Date 03/25/2009 02:20 GENERAL Vehicle Disposition IMPOUNDED Road Condition DRY -.. a Traf?c LIG HT Video Log Vul 71/ ONS Ol'?ccr Observed Civilian COmpluinant Civilian Witness Check Point Erratic Driving Violation INFOR MA WON At Wheel ln Vehicle Key ln Ignition Motor On Defendant Injured Suspendcd License No Alc. Al'tcr Stop 4 ONT OBSERV SCENE Accident Property Damage urics Serious urics Fat-a itics PE FOR TESTS Walk/'l'urn Onc Lug Romburg l" ingcr/Nosc [31' Resu tsiO th or . 1 8% Ci Hid/11C. TIES TS Breath rinc l3 00d Court Order Taken Taken Taken A Authorized 03/25/2009 03:34 Au thorizcd Authorized Wh ere .ltidgu ,me mm POLICE DEPARTMENT, COUNTY OF NASSAU, NEW YORK CENTRAL TESTING SECTION WORKSHEET "1197 YVME cF oammn: CENYHAL HMG A mummy" I am: No Iceman . 'Va umc' k'b em 5\ ma>> we my"! 0 on: 03,35"; we post n:qu 3 a 5 9:1: I: no EMPSTEAD NEMFSTEAD DVSFER an 5 Oman ION oF Iceman . 'bhe A ms m: mama we was: 0%30 Ob uvzs Emslr "Amok, Lumen kw] "Draw/W, 0 NAME amass mama>>: NO. WITNESSESDEFENDANT QMGL. .6759. 6 MALE DFEMALE ADDRESS No, smear vmee Ms: ago (Maugham. "Esme LAST NAME FIRST SHIELDNOV COMMAND sow: OFFICER am wn'l-- EUR?wmb "cl/WC 463143 0 3 3H ASSEIINE NAME FIRST SHIELD NO SERIAL ND COMMAND SQUAD OFFICER Seq," 9 m4 99%) 30761 O3 93 SCHOOL BUS WHH PASSMERS NAZARDDUS MATERIALS NONEOF ABOVE FIELD PERFORMANCE TEST 1: mchovEfi mannPouNos a a swan a NOTGIVEM MWALCHARGES IFYESI LIST FBTTESI as NO :1 mm]: El wrerer 0 IF PREPARE [smug aF amass MINOR peasauwm IFst, MINOR v55 0 mu:sz mausws smous um we movwsucxmc massruo usEREFom Mo AcclnEmNo. rm no mnconcs NO was NO 1192- IuvoxIIszn ms m: URINE "mass TEST RESULTS Test" '5 YES N0 GVES No mom on: mum COLIN a 7M MIN: I I Wk PRIOR 1 DATE 7 coun' caum'v aF CONVICTION 1192- FEL a usPE 5mm NO No we Orsu mew . mm msus may 9 7 7 Rear" WWII new gm: nocumsm IQ Reg) 4 Raw EI TM 1 Veh. Verb LN ls OI I . COUNTY OF MISOEMEANOR - COURT INFORMATION 8] FELONY COMPLAINT - AGGRAVATED UNLICENSED OPERATIO PDCN BSAUO 710108 ARREST No NO CASE REPORT NO COURT DOCKET NO 209AR533O 209CR23412 00 TICKET No POLICE No RETURN DATE COURT LIAISON N0- CHAPS . FROM: DATE TO: TIME DATE PREPARED BY a" lN CUSTODY 0220 03/25/2009 PO Bienz I. DISTRICT COURT OF NASSAU COUNTY FIRST DISTRICT CRIMINAL PART THE PEOPLE OF THE STATE OF NEW YORK AGAINST Pane 11 DOB. 11/16/1982 Eatqbogve_1\iY_l 1.7.22. .. i STATE OF NEW YORK COUNTY OF NASSAU 110] EdwarQBicnz . Shield No. being duly sworn, deposes and says that he is a member of the Police Department, County of Nassau, New York, and that on the Jj_ day of March 2009 at aboulM. AM. PM. at Charles in East Garden City NY in the County of Nassau, State of New York Pa_ne__I_l__ the defendant committed the offense(s) of: Aggravated Unlicensed Operation of a MotorVehicle in the First Degree (Class Felony) 1221 in violation of Section 51 1?3 of the Vehicle and Traf?c Law of the State of New York, in that at the time and place aforesaid, the defendant; committed the offense of aggravated unlicensed operation ofa motor vehicle in the second degree as provided in subparagraph (ill); or (iv) of paragraph of subdivision 20f this section and was operating a motor vehicle while under the in?uence of alcohol or a drug in violation of sub- division section 1192 of the Vehicle and Traf?c Law of the State of New York. commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as de?ned in subdivision one of this section; and is operating a motor vehicle while such person has in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer, appear or pay a fine, pursuant to subdivision 3 of section 226 or subdivison 4-a of section 510 of the Vehicle and Traf?c Law of the State of New York. El commits the offense of aggravated unlicensed operation of motor vehicle in the third degree as de?ned in subdivision one of this section; and is operating a motor vehicle while under permanent revocation as set forth in subparagragh twelve of paragragh of subdivision two of section eleven hundred ninety?three of this chapter. Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree (Misdemeanor) ln violation of Section 511-2 of the Vehicle and Traf?c Law of the State of New York, in that at the time and place aforesaid, the defendant committed the offense of aggravated unlicensed operation of a motor vehicle in the third degree as de?ned in subdivison 1 of this section; and has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the immediately preceding 18 months; or the suspension or revocation is based upon a refusal to submit to a chemical test pursuant to section eleven hundred ninety-tour of this chapter, a finding of driving after consumed alcohol in violation of section eleven hundred ninety-two- a of this chapter or upon a conviction for a violation of any of the provisions of section eleven hundred ninety-two of this Chapter; or the suspension was a mandatory suspension pending prosecution of a charge of a violation of section 1192 of the Vehicle and Traf?c Law of the State of New York ordered pursuant to paragraph of subdivision 2 of section 1193 of the Vehicle and Traf?c Law of the State of New York or other Similar statute; or such person has in effect 3 or more suspensions, imposed on at least 3 separate dates, for failure to answer, appear or pay a ?ne, pursuant to subdivision 3 of section 226 or subdivision 4-a of section 510 of the Vehicle and Traffic Law of the State of New York. Aggravated Unlicensed Operation of 3 Motor Vehicle in the Third Degree (Misdemeanor) in violation of Section 511?1 of the Vehicle and Traf?c Law of the State of New York, in that at the time and place aforesaid, the defendant was operating a motor vehicle upon a public highway while knowing or having reason to know that such person's license or privilege ofoperating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended. revoked or otherwise withdrawn by thercommissioner. To Wit: On the aforesaid date, time and place, I observed the defendant operating a motor vehicle while his/her license was suspended or revoked. To Wit: Upon intormatiOn and belief, on the aforesaid date, time and place. the defendant was observed operating a motor vehicle while his/her license was suspended or revoked. Supporting Deposition of complainant police officer is attached hereto and made a part hereof. Department of Motor Vehicles printout of defendant's driving record is attached hereto and made a part hereof. Subscribed and sworn to before me this day of I. 7 20 02_7 .7. Ci Captain i:i Lieutenant 339931? . . . JETFORM EONATURE W7 - I i POLICE DEPAWMENT, couNTti or NASSAU. NEW YORK - COURT IZ FELONV COMPLAINT - AGGRAVATED UNLICENSED OPERATION iooc onar [Nli Di) No a EHEPURTN wdaioocxer 209AR5330 ZU9CRZ3412 00 Wig WWZE imam-to "he [0220 03/25/2009 PO utsTRicT COURT OF NASSAU COUNTY i DISTRICT CRIMINAL PART THE PEOPLE or THE STATE OF NEW YORK AGAINSY Salvatore Pane Pglige officer Ed ,7 i shield No 14,66" oetng duiy swoin'dspuses and save that he isamerrioerotlhe Police Department u, Nev/Yolk aiidttiai on the 25 davoi A March 2009 05 AM, [i PM at Cliai l'indhergh in [aristcardc Qty in the CauntyulNassaui Siateoi NewYuk jalvatorc ii OFN VORK COUNTYOFNASSAU the deiendant committed the olienseisl of Aggravated Unlicensed Operation or Motor Vehicle tn the First Degree [Class Felony) ix tn vioialion oi Section 5i i .3 oi the Vehicle and traliic Law oi the state oi New Yoiit, in that at the time and place aloiesaid. the deienda committed the oriense oi aggravated unlicensed operation oi a motor vehicle in the second degree as provided in suopaiagraph (it nor (iv) oi paragraph at Subdi'iisiuii 2 ol this section and was operating a motor vehicle while under the inituenoe oi alcohol or a drug in Violation otsuo division i 2 a 3 4 5 olsection i192 cilite Vehicle and TlaiflcLiawoi'mt-z state oi New York commits the oiiense oi aggravated unlicensed operation oi a motor vehicle in the third degree as defined in suodivision one or this section and is operating a motor Vehlcia while such person has in etiect to or more suspensions, imposed on at least to separate dates lci iailuie to answer appear or pay a the pursuant to suodivision 3 oi section 226 or suodivison A-a oi section 5m oi the Vehicle and tiamc Law oillie State oi New York l:l commits the oiiense ot aggravated unlicensed operation oi motor vehicle in the third degree as donned in suodvislon one ot this section, and is operating a motor vehide while under permanent revocation as set iodh in suoparagragri lwetve oi paiagragh to) at subdivision two oi section eleven hundred ninety-three or this chapter Aggravated Unlicensed Operation or a Vehicle in the Second degree [Misdemeanor] [l in violation oi Section 51172 oi the Vehicle and Tramc tau oi the State at New Vorh in that 31 the time and place aforesaid the deiendanl committed the olieilse 0i aggravated Unllceiised operation 0' a motor Vehicie lit the third degree as defined in Subdivth 1 DUNS section, and [t has pieViouslv been convicted oi an oiiense that consists at or includes the elements comprising the otieiise committed within the lmmemaieiy preceding to months or Cl the suspension or revocation is oased upon a to submit to a chemical test pursuant to section eleven hundred ninety-iour or this chapter. a iinding oi alter consumed alcohol in violation ot section eleven hundred ninety-two a at this chapter or upon a conviction tor a vloleuon oiariy oi the provisions oiaection eleven hundred oi this chapter; or in the suspension; wear; mandatory suspension pending prosecution oi a charge oi a notation oi section oi the Vehicle and Tramc Lain ol the State oi New 'ioi'teordetet pursuail| to paragraph olsupdivision 2 oi section 1193 at the Vehicle and Traits Law at the State oi New York or other similar statute or;- such person has in atiect 3 or more suspensions imposed on at least a separate dates, iailure to answer. appear or pay a the, pursuant to suodiVision 370! 5 on 225 or suodinsicn 4a ot section are oi the Vehiote and trathc Law oi the State oi New Ymk, Aggravated Unlicens'etl Operation at a Motor Vehicle in the Third Degree (Misdemeanor) l: in violation oi Section at at the Vehicle and tralhc Law at the State or New York in that at the time and place aioresaid, ltie operating a motor veii'idfp upon a pubiic white knowmg oi havlng reason to ltnow that suoi person's license or privtlege of operating such motor vehicle in this state orpthiI-age oi a license to operate such motor vehicle issued by the commissioner is suspended, revoked or othenvise Withdrawn by the commissioner Ci To Wit' Dn aforesaid dare, lime and place, I observed me deislldaili uperallng a motor Veillde whiie his/her license was suspended or revoked To Wit Upun inloimahun and an "is aforesaid time, time and place' the delendaili was obseivsd operailng a mutur vehicle Willie iils/her license was suspended or revoked 1] Supporting Deposition oicamplainant police pittcer is attached hereto and made a part hereoi Departmental Motor Vehicles printout oi deiendant's driving record is attached hereto and made a part hereoi cash) Suhsuiucd and suioriilotzeicternelhis, 25 dev ct, Maioit V, ,zorflr orcwuae Cdpiatn Dtieutenani ESergEam POLICE DEPARTMENT COUNTY OF NASSAU, NEW max 014/ MISDEMEANOR - COURT INFORMATION IX FELONY COMPLAINT - AGGRAVATED OPERATION Irma firm an uuilelmy'NF .. ZO9AR5330 209CR23412 U0 I )5 I "imfl--"i' 6W -- (ems Mama, see we We IN CUSTOM 0220 03/25/2009 PO Blenz DISTRICT COURT OF NASSAU COUNTY FIRST DISTRICT CRIMINAL PART THE PEOPLEOF THE STATEOFNEWVORK STATE OF NEW YORK I COUNTY UF NASSAU 7, shIeId Ne 466 berng duIy sworn depoees and says ihai he a memberm me Ponce Police Offic, i 7,-i DaparlmenIICDumonNassaii NeonmI andihaienme March 20997 _eIabadI 0205 i Ix AM I: PM GardchinNY In the oI NaesauI Sieie oi New York Salvgitore P1 7 A ihe derendani ine eiienseis) di. Aggravated Uniraensed cperauan er a Motor VehIeIe In Fivsl degree (mass In uIdIaIren oI SecIIon 5113 nine VehIaie and Trade Law 0! ine giaie di New Vern In ihei me time and piece alovesaIdI ihe derendani; Ihe eiiense oiaggravaied unlicensed opereiren oi a vehIde In Ine degree as In subparagrapn (II), In oi paragraph Ia) oisuddrvIsInn ni InIs eemien and was operaiing rneinr vehicIe wane under me Innuenee aI eieonoI or a drug In ni sub- dIuIsIen IIez or me and Trellis Law or Ine 5ieie oi Yam 0 commIis rhe dirense ei aggravated Unlicensed operaiidn of a mum uenIcIe In Ine IhIrd degree as mm In sundIvIsIdn one In line and Is rndrar uenIaIe erIIe such persun has In eflenl in nr rnere suspensions, Imposed on ai Ieasi Io separaie daies Iur fame to answen appeal or pay a rIne pUIsUanI In sundIuIsIen 3 seciinn 226 or sundIuIsen ea oI seeunn 5Io eI ine mm and Traffic Law oi ine S|a|e In New vdrk. mmnurs ihe eIIense dI aggravaied unIicensed operedon dinIdIor uehreie In ine degree as dehned In sundrv'IaIdn one annis seeiidn; and Is epereiIng a midi vehIeIe me under nermaneni reuodeiIerI as sei mm In subparagragn iweive oi paragrang di sudevIsInn Iwo oI eieven hundred oIIhI's enepier Aggravated Unllcensad Operaiion oi a Maidr Vehicle In me Second Degree (MisdemeanorI In ei Secir'un 51I-2 oI ine Venue and Tram Law or me oi New ank, in ihei ei ihe iirne and piece aIDlEsaIdI ihe deiendeni cornmriied ihe mm at unIIcensed operah'nn di a moiur uehIeIe In due third degree as defined In siibdivIsoM IhIs seciian and has preuIduer been Convlcisd vi an oflense Ihat adnsisis oi or IneIudes ihe eIemenls COmprIsmg niIense within me InIrIIedIaier precedmg Ia moniht-OI I: the suspensren voaandn Is eased Upon a Ieiusai Io submfl In a chernrcal Iesi pnrsuani Io secIIun eleven hundred nrneiy-ieur or due Lhapier, a iIndIng dI drIuIng alter eonsu'rJned aiedhoI In aiseciidn eIeven hundred nIner-Iwar a di chapier 01 upon a Ior a vrdIaiIdrI or any uI ihe provIsiorIs ol seaird'n eIeyen hundred I'IIflelyerG uI ahapier, or Ihe wane mfafidaiory suspensI'an pending proseduiion oi a charge oi a oi semen i192 of ihe VehIcIe and Tram: Law nTIhe Siaie omen Vqu ergeIed egrsuani Io paragraph or 2 oiseeiIdn DI me VenIoie and Train: Law or he ni New Vork or diher SImIlar sta|u such-pevson hasin fleqtj or more suspensions Imposed en daies Ior lo answen enpeer urpeyenne. pursueniio subdivisIon 3 GI or subdiviSIurI Ara OI secIIun 510 of Ina VehIde and New: Law OI [he Stale OI New Vurk Aggravatefl UnIInensed'BperaIIon oi a In rne Third Degree IMIsderneandr) In eI SecIIorI 51M di Iire VenIeIe and Tram: Law dI me or New York In unai ei Ihe iirne and place ainresaid Ihe deiendani was eneraung a venIeIe upon a punIIc highway while knowlng or having reasdn In know inai such peIsun's IIdenee dr di dperairng sudI moror vehIcIe In sIale er oi obtaImng a name In uperaie such rnoror venIeIe Issued by he is suspended revoked or dihennse rn'ihdrawn by ihe eoInrnIseIoner 70 On the dale, [Ime and place, I observed the defendant operaflng moIoI vehICIe while his/hm IIuerIse was suspended 0! (evoked 10 WII Upon and behel on the alovesaxd dale' lime and New delendanl was Ubsevved a motor vehicle thIs "Is/Nev was suspended OI revoked EI Supperhng ei compIaInam poIIce emeer Is steamed and rnade a pan hereui Meier VemcIes printout eI deiendanr's drIuIng recdrd Is attached herein and rnade a pen hereoi 2309 beIoIL-meIhI57257 deydi 7 March cdpizIn Limlehawl SeIgenrrI if SIGNATURE Jr I FouI DEPARTMENT, COUNTV or NASSAU, NEW (A 6 MISDEMEANOR - COURT INFORMAYION FELONY COMPLAINT - AGGRAVATED OPERATION than ARH'fit no a to N0 ease RFPURY hm count DOLKH No fl mom treatrho 7 potter sea-tit no tamed CACHE to ten? oats hood rtor "heir 0220 03/25/2009 tN CUSTODY PO Bienz COURT OF NASSAU COUNTY PART THE PEOPLE OF THE STATE OF NEWYORK deaths 1 lute/1932 ,7 STATEOFNEWYORK 35 COUNTY OF NASSAU ([13]an 7 stunt No.3 Department, CounlyofNaesaut New talk and thatch the 25 davot 7 iMalChi 3! Clin 139de Rik/gig tn the Cnutt|y nt Nassau, at New Yur't fl oothg duty deposes and says that he ts a memher olthe Pultoe 2009 atahout El AM PM the detendant the ottehsets) ot Agglavaled Unlicensed Operaklan Motnr Vehicle in Ihe FII51 Dngree (Class Felony] tn vtolalton of Secltort 51173 ofme Vehicle and Traffic Law cl lhe State of New Volkt tn tha| at lite ttme and place afolesaid. the defendant, 8 committed the ottense ol aggravated unlicensed operation ol a motor vehtcte in he second degree as provided tn snoparagraph (tit, or (IV) ol paragraph tat ct suodtviston 2 ot the sectton and was operating a motor vehiote white under the tntuence olatoohot or a drug tn vtoiatton ol sub- dtvision [olsectton 11910HtteVehtde and traldc Law otlhe Stale otNew York. 3 the oilense ct aggravated unttcensen operation or a motor vehtcte in the third degree as defined in one ol this section, and ts operath a motor vehtcte white such person has in eltect tn or more suspensions, trnposed on at least to separate dates tor latture to answer, appear or pay a the put suant to subdivisiun a or section 226 or t-a ol sectton 510 oi the Vehide and Tramp Law ol hie State at New York the ottense ot aggravated unlicensed operatton ot motor vehicle in the degtee as defined in one ol this section, and ts opeiattng a motor vehtote while under permanent revocatton as set torth tn suhparagragh twelve oi paragraph to) ot (W0 otseotton eteven bundled mnelyelhrae of this chapter Aggravated Unlicensed Operation ol a Motor Vehicle in the Second Degtee (Mtsderneanott tn vtolatton oi Secllan one at the Vehicle and Trallic Law at the state ot New York, in that at the time and place atoresaid. the detendant committed the ottense ot aggravated unlicensed operatton at a motor vehiote in the third degree as donned tn suhdtvison ot this sectton, and a has prevtousty been convicted at an ottense that oi or inotudeo the elements the ottehse committed Within the immediately precedtng 18 months, or the suspension or revocation is based upon a reiusat to svohitt to a chemical test pursuant to section eleven hundred ninetyrlour ol this diapter, a pl dn'trino atter consumed alcohol tn violation at sechon eleven hundred ntne|yvtwo- a ol this chapter or upon a conviction tor a notation at any ol the eleven hundred at this chapter, or the suppo'n'sip'h was; mandatory svspenston prosecution ot a charge at a vtotatioii ol section 1th ol the Vehicle and traits Law at the State oi New tort ordered pursuant to paragraph tet ot suodtviston 2 ol sectton oi the Vehicle and Tratdo Law otthe state ot New York or other similar t..te toti such person has eliect 3 or more suspensions, imposed on at least 3 Ssparale dates, tor Mute to answer, appear or pay a tine, pursuant to subdivision 3 ol $p24ton as or suodrvision 4-3 ot secttoh 510 oi the Vohtote and tralltc Law at the State at New York Aggravated Unlicensed Operatton ot a Motor Vehicle in the third Degree (Misdemeanor) l] in violation pt Section sud ol the Vehtcte and Trall'tc Law ol the State oi New Yolk, tn that at the time and place aloresatd, the detendaht was operating a motor vehicle updi' a public white hitowrng or having reason to know that sitch person's ticcnse or privitege ct operating such motor voincte this state or Drivttege ot ohtaintng a license to operate such motor vehicle issued oy the commissioner is suspended, revohed or othetwtse Withdrawn by the commissioner to wit On the alorosaid date, ttme and place, I ubselved the delendant operating a motor vehicle while histher tioensa was suspended or revoked To th Upon inlormatton and hetiet on the atoresaid date, time and place, the detendant vets ohserued operating a motor Vehtcie white histhet was suspended or revoked Supporting Deposition or comptaihaht police is attached hereto and made a part hereol. Department ot Motor Vehicles printout ot driving record is attached hereto and made a pan hereol 1009,, Suhsehhed and sworn the this day or etGNAme leian tj Captain [ft Lieutenant a sergeant r1 mum/I Arm.>> ZOQAKOOUSSJO Dam/T1111: ofAn'usI 03/25/2009 at 01-20 DISTRICT COURT INFORMATION . 209CR0023412 Dine 03/25/2009 6955'; 13013 Ago 7.6 I'm 23 ALSL FLINUNA I ION 51mm 323 I'IcpaIuI 11y 894 31111 ORIGINAL PEOPLE OF 1m: STATE OF NEW YORK AGAINST II IN TATE of NEW YORK COUNTY OF NASSAU: PO EDWARD BIENZ, SHIELDII \1466. MEMBER OF THE NASSAU COUNTY POLIL DEPT DEPON . AND SAYS THAT ON OR ml: 251']! DAV (11" MARCIL 2009. AT ABOUT 2.05 AM. AT CHARLES LINDBERG BLVD GARDEN CITY, THE DI NDANT DID VIOLATE NEW YORK STATE PENAL ?Ism 21 A PERSON Is GUIHY Dr FMSE PERSONATION WHEN ER BEING INFORMED CONSEQUENCIS OF SUCH 0R SIIE KNOWINGLY MISREPRESENTS HIS OR OI BIRTH OR ADDRIISS TO A POLICE OFFICER 0R PEACE OFHCER [0 PREVENT SUCH POLICE OFFICILK OR PEACE FROM ASL . SUCH INIORMATION I0 mm: and place ufnccun'unnc, yuur depontm. a Namn County Pohce 0mm, mu:ch um ch'cham. Sawmm Pans an, uperalmg a ZI108. Toyota, Gray, 4de Rug ELD6193 on Chmles I 11Idhe1'gh 111m. Fhe defcndam was I115 Mud: in cxcessofposch speed I: (VTL 1180 D) and 1111mm 5.ng a 1m uhamge (VTL 1163 D). '1 In: defendant was mm: |o produm << 7 7 . - POLICE 0F NASSAU.NEW YORK FELONV COMPLAINT-AGGRAVATED mud toov mo to my to comma. Nu Down: New .-. znquzsno 209ck234l2 03755 hwfim'tntli'iimfi Nu sf fuTl'i't DAVE COURT tto non no>> we to' um: Eigenan av tn cusroov 03/25/2009 l>o Bimiz COURT OF NASSAU COUNTY PART THE PEOPLE OF THE STATE OF YORK I ORIGINAL or NEW YORK COUNW OF NASSAU Ptrl' OlT'lcel Shteld No 3466 betng duly sworn depuses and says that he rs a member at the PDtiLe Dep Nassau 25 day oi zuo9 at about 70205 AM PM, a] grades in ardeli mm 7 in the Nassau state ot New York 7 Salv oro Punej 77 77 magnetometer Aggravated Unlicensed Operation of a Metal Vehicle in the Firsl Degree [Class Felony) in violation DI Seclimi 51173 oi the Vehicle and Traffic Law at the State of New Vurk, In that at [he time and place aforesaidt the El the oiianse oi aggravated unttcensed operaiton oi a motor vehtole tn the second degree as provided tn suoparagraph tilt tut), or [tut orparagraph oi this section and was operan'ng a motor vehicle while under the tntiuence uialoohol or a drug tn vrulatton oi sub- i 2 El 3 5oisec1iori tt92 oithe Vehicle and Tram Law oithe State of New Vorit :1 commits the otiense ot aggravated unlicensed operatron motor vehlote in the third degree as defined tn one at this seclmh' and is operattng a motor while such person has in eiiect to or more suspensions tmposed on at least 10 separate dates tor iatlure to answer, appear or pay a fine' pursuant to 3 oi seotton 225 or subdivtson A-a oi section sin or the vehicle and Troitic taw oi the stale oi New Vort El the oiiense or aggravated unl'oensed operation ot motor vehicle tn the tturd degree as defined tn suodtvision one oithts sectron, and is opeiaimg a motor vehicle whtle under permanent revocath as set tonh tn suhparagragh twelve at paiagragh tot oi suodtviston two piseciion eleven hundred ninety-three oi this ortapter Aggravated Unllcehxed Operation of: MotorVehtcle inthe Second Dagrie ttnisdemeanort t3 tn vtolatton oi Seclton 5t t-z oi the Vehicle and Traiuc Law or the 5|a|e oi New Vorltt tn that at the true and place aforesaldt the detendant the ottense oi aggravated unltoensod operation oi a muldrvehtcle tn the degree as dehned tn oi section: and t: has prevtously oeen of an otiertse that consists oi or tncludes the elements me oiiense the tmmediately preceding to months, or [i the suspensrorror revocation ts based upon a reiusal to suomit to a chemtcal test pursuant to section eleven hundred ninety/tour oi this chapter a finding oi cot'tsurned alcohol to vrolation oi seodon eleven hundred nlhelyalwor a oi this chapter or upon a mra vtoiatton oi any oi the piuvtsimis oisectlon eleven hundred oi this chapter. or the suspension was a mandatory suspension ptoseoutton oi a charge vtolatton oi sectton ii92 oi the Vehtcte and Traffic Law oi the state oi New yortordered pursuant to paragraph to) or suodrviston 2 oi section 1193 oi the Vehicle and Traihc taw oi the state or New York or other statute, .: such person has tn eiteot 3 or more suspensions tmposed on at least a separate dates. ior failure to answer, appear or pay a hne. pursuant to subdivtsion Bot s'ec'iton 225 or And at seciton 510 at the Vehicle and Tram Law at the state oi New Volt: Aggravated Unlicerts'e'd Operation of a Motor Vehicle in the Degree (Misdemeanor) in vtolatton oi Section at oi the Vehicle and Traiho Law oi the State oi New Vork, tn that at the [true and place aforesaid the deiendant was operatth a motor vehicle upon a puoitc whtle trnowlnd or havtng reason to know that such person's license or oi operattng sudt motor vehtcle tn state or a ltcense to operate such motor vehicte issued by the ts suspended, revoted or otherwtse by the To th 0n the aioresatd date. time and place I doserved the deiendant operating a motor vehtcle whtle his/her ltosnss was suspended or revoked El To Wit Upun tniormaiion and ballet on the aioresatd date ttme and place, the detendant was observed operattng a motor vehicle whtle his/her ltoense was suspended or ievoked oi polioe otitoer ts attached hereto and made a part hereot. Department oi Motor Vohtcles oi deiendant's record ts attached hereto and made a part hereoi Subsmimd and swaitt to oorore me ,25 7 day or 77Mal'ull 7 ,200797 DCaptzIn LILletlienant ESeigeaitt SIMWRF 74w, 7 7 Je'FoxM QEPARTMENT, COUNTY OF NASSAU, NEW YORK ass a was SUPPORTING OF PARTICULARS - AGGRAVATED UNLICENSED OPERATION wars tllal rlerendanl. on or arrour me 7 25 8 AM a can. Gray uf EV ELDEIQX public 1n mm by me m1 Maren day of 2003 loyma rna North an, on genes 1,1n1leergrialvd aERlAl N0 rlukel NO ARRESY ND mka N0 DAYE or REPDW 839787746 209AR5330 03/25/2009 Tl ll-. PEOPLE or THE a rm I: OF NEW agnillsl??1V3mE Pane Tl abch DEFENDANT rs charged OPERA 1 MN Wl-llLE 0k IS SUSPENDED OR RFVOKED, AGGRA- VA conlrary Kl Semen 51 Vernele and Traffic Law. A Suppen lg Depns lon and Bill at Pameulars alv hereby lallows- CDM upulr dnecr unless otherwiac specified, .1009 .al or nlrnur 0105 motor vehicle, srare o'clock ol'Nassau, Srnle ofNew knowlng or having reason ln know mar suth peraun-s lruense nr vi lege er suelr molar velnele 1n ml: or pl'wllege a hearse ro opelalz such molar rssneu by llre ofMoml Valrlelcs is suspended, rcvukcd or nrherwrse ny ma Coml l'lIE OF THE STATE OF NEW vullx V. Salvalorc Pan: ll man- Inkl- rlun are people. ru seclirn. mm orrlre Cr urns1al and lexlimlmy reneclarl nerern. loner, hull rmeaure Law, lnlen r1 [0 use all 1 GENERAUNFORMAHON seklErJl ears a1 3.01 i mm Mow/lil ID -- Llcens: male New Arreel Bald 03/25/2009 Angel lune U220 Velndle lrnnoundsd lenlegarly parked Tflweu nrwen lrorn scene by lrcanssd epsralar Vernele cross Wergnl auer15nunlrra ves No Read Weamnl Tlme cl Slop 0205 VTL Vlulallm e1 Seamus) l|63U Scsne dl aurn Roadblutk Camp-am- Olrrer [[xlualn) J. OBSERVATIDNIOPERATIDN a eunnwnas oaszvAnuN sarsraansrnewnea a key, .1. ma error 13 Dulcrmanl rears \Ismcle use sunny acmenl El ualendamxraled he/shewa: L1 Dmel ens a learner 4 I caneuerad a eernpuler eneek e1 lne reeards rne New Yolk slala Deparlnrenl cl Maler Venreles rwnase 1: 1s ra make sudr records records are made and marnrarneu rn rne regular eeurse e1 busmess a reasonable rrnre aller rne even! or eecurrenee) rnar record reveals a1 rlra lrrne oi rne adwa nhsewahans reneek a: many as awlyl Tne delerldanl's lleensa er ar was suspended or levoked 1er 51M 1a)] Tne defendanl's llcense dr apera1rng was suspended ol revoked and dalandanl was prevlously erred and or vlolaling vn 511 Wlmin lne nraeedrng 1s menlns The aelandanl's lloerlse or al was suspenead er levnked based an a relusal lo a cnenrreal resl pursuam ra VTL 119.: er a 1dr a vrulelron 12le 1192 5112 12111] or a pendmg prosewllan 1er 511.2 (a)lli] l3 Deleneanr has erreer was or more suspenr slans rmpasea on a1 leasr lnree saparale dares lar answer. Ippeal or pay a me [er 5112 law] celendanl 51172 and was operaling vrolslren 1192 5113 {all} oe1endanl nas rn arrearlen errnure suspenr srons en ar leasl ren separare dares corrarlnra |n answer, appeal a! pay a fine [er 511-3 (a)ll] ans oempnler Check Was Ceneuered \Ila El Depunmem radrd Mobile Dara Tarmuml By prmna El Al srarrun hause l2 orner CTS rerminal My rsasls ler bellev mar dslendanl knew ol had reason 1a know hlsIMl name was suspend ed or revoked is as1alluws.1crreek as many as mm 8 uslandanr ms unable lD prmuoe a vallfl lcense El Delendanr sraled (her name 416 not have a val'ld drmer's lrcensa nelendanr was ndn'llaa by rne or by Polrce olnaer on a dars mar lrrense a: er eperarrng was suspended/revoked El De1endanr slalea re me surmanea rnal na/ she knew keanee was suspended or reuaked saying As a resull of lne alareszld computer check, delendanl's lrsensa was delermrned rd as suspended or revoked A nolice 01 error suspenr sran/revecanan rs senl la aerendarn by me Depanmem at Molar Venreles eurrng lna regular course or ausrness, a record or nolloe rs marnrarned lry me Deeanrnenl or MorarVenreles 'Mosl recenl Numbel and Dare. All7100300lln 0910712007 >SnleluNn 3465 Serralkls False Statements made herein are punishable as a class misdemeanor pursuanlto section 210.45 uflhe Penal Law. 3943' nearer 03 SquadNn 24 ones 131an aranerurs 4f 7 7 - zuzszeas vsuezseg MINIMUM (figwg yak" WAS. no Voyao'fih w, zzuazg'e'e" m] COUNTY COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU THE PEOPLE OF THE STATE OF NEW YORK -against- REPLY TO DEF DEMAND FOR DISCOVERY SALVATORE PANE, Indictment: 1593N09 September 18, 2009 Defendant. Honorable Alan Honorof STATE OF NEW YORK ss. COUNTY OF NASSAU LAUREN NICKERSON, an attorney duly admitted to practice law before the Courts of the State of New York, af?rms the following under the penalty of perjury: 1. That he is an Assistant District Attorney, of counsel to the Honorable Kathleen M. Rice, District Attorney for the County of Nassau, and submits this af?rmation in opposition to the relief sought in the defendant?s Demand. 2. That the following is based upon information and belief, the source of said information and the basis of such belief being the ?les of the District Attorney?s Of?ce pertaining to this matter. 3. The People?s Voluntary Disclosure, pursuant to Criminal Procedure Law is now being provided to defense counsel. See attached 4. The People respectfully assert that the obligation of the prosecution to turn over .. . I certain pre-trial materials and/or make them gyaigd?hieifd,hiispectioniby the defense ls controlled v; 11,2; - . in New York by statutory provisions pursuant"? and Court order. The .5in People take the position that there is no constitutional right to discovery. Courts may not grant discovery applications for which there is no statutory basis. See Pirror v. LaCava, 230 909 (NY. App. Div. 1996); People v. Copicor, 50 222 (1980) (establishing that it is well settled that discovery in a criminal proceeding is governed entirely by statute). 5. Upon demand by the defendant, CPL ?240.20 specifically dictates that the prosecutor shall disclose to the defendant and make available for inspection the items enumerated in said statute. Items not enumerated are not discoverable as a matter of right unless constitutionally or otherwise mandated. The CPL does not expressly compel pre?trial discovery of evidentiary material, that the prosecution intends to introduce at trial. See C.P.L. ?240.20; People v. Colavito, 87 423 (1996); Socket-v. Schoharie C0. CL, 241 97 (NY. App. Div. 1998). 6. As such, the People formally respond to Defense Counsel?s present Demand as follows: ?Except to the extent protected by Court Order, upon a demand to produce by a defendant against whom an indictment, superior court information, prosecutor?s information, information or simpli?ed information charging a misdemeanor is pending, the prosecutor shall disclose to the defendant and make available for inspection, photocopying, copying or testing, the following property:? A. Demands Pursuant to C.P.L. made to Public Servants The People have provided the defendant with Voluntary Disclosure Forms, that include the date, time, place and substance of the defendant?s statements to a public servant. B. Demands Pursuant to C.P.L. Jury Transcripts 0 The People will furnish legally relevant portions of Grand Jury transcripts if and 2 when we are directed to do so by the Court. C. Demands Pursuant to C.P.L. Report/Examinations - Upon information and belief, the People have provided defense counsel with copies of any and all scienti?c reports in however, the People reserve the right to ?le and serve additional reports if and when such material becomes available. D. Demands Pursuant to C.P.L. - Any photographs obtained through the People?s investigation of this matter will be made available to Defense Counsel at a mutually convenient opportunity. E. Demands Pursuant to C.P.L. Property 0 Upon information and belief, the People are not aware of the existence of any such material. F. Demands Pursuant to C.P.L. Obtained from the Defendant 0 Any property obtained from the defendant will be made available to Defense Counsel at a mutually convenient opportunity. G. Demands Pursuant to C.P.L. Recordings Any electronic recordings, including audio and videotapes, obtained through the People?s investigation of this matter, will be made available to Defense Counsel at a mutually convenient opportunity. H. Demands Pursuant to C.P.L. ?Gigilio,? ?Agurs? Provision - Upon information and belief, a review of the file in the Of?ce of the District Attorney indicates that the People are not presently in possession of any material required to be disclosed prior to trial of the defendant, pursuant to the constitutions of New York State and the United States. The People are cognizant of, and are committed to, our ongoing obligation to disclose information pursuant to Brady v. Maryland. I. Demands Pursuant to C.P.L. of Offense and Arrest Date: 03/25/2009 Time: Approximately 02:50 Place: Charles Lindberg Blvd, East Garden City 0 See also indictment and People?s Voluntary Disclosure. 3 J. Demands Pursuant to C.P.L. Involving Criminal Trespass - The defense is not entitled to this information. Please see CPL ?240.20. K. Demands Pursuant to C.P.L. Examination (Chemical Tests) 0 The defense is not entitled to this information. Please see CPL ?240.20. L. Bill of Particulars a. The people intend to prove that the defendant acted as a principal. b. Place: Charles Lindberg Blvd, East Garden City 0. See also indictment and People?s Voluntary Disclosure Dated: September 18, 2009 TO: Mineola, New York Honorable Alan Honorof County Court Judge County of Nassau, New York David Besso, Esq. Attorney for the Defendant 120 Fourth Ave Bayshore, NY 11706 Respectfully Submitted, (WV 111% LAUREN M. NICKERSON Assistant District Attorney Nassau County District Attorney?s Of?ce 262 Old Country Rd. Mineola, NY 11501 (516) 571-3697 KATHLEEN M. RICE DISTRICT ATTORNEY, NASSAU COUNTY VOLUNTARY DISCLOSURE, NOTICES, AND DEMANDS Defendantg s1 SALVATORE PANE Court Docket Number(s): 1593N09 DISCLOSURE (CPL ART. 240) (1) Counts and/or Charges: . Pl Charges Da Tune ace 1192.3, 511.3, 51 1.2 (2counts) . . 03/25/2009 0:250 Charles Lmdber Blvd, East Garden 190.23, 1180D, 1163D, 509.1 Arms? 03/25/2009 02520 Stewart Ave/Quentin Roosevelt, East Garden City Information: (2) The following statements were made by the defendant, or by any co?defendants to be tried jointly, other than in the course of the criminal transaction, to a public servant engaged in law enforcement activity or to a person then acting under his direction or in cooperation with him: and the People intend to offer such statements as evidence in chief at trial: m1 Me Ti_mg Inn Sum and Substance I was a Nassau DA but I left for suffolk on January 6th. I work at Eastern District COurt D46. Don't do this i am married and Ihave a kid and owe 100k out in law school and my fatehr died in 9-11-2001 nammed Chris 03/25/20 Higgens. I only had two beers I know Tom 09 0210 FDA Oral Souzzi and Steve Levy's my cousin and I have both their numbers in my phone. defendant also stated that his name was Mikal Sachana DOB 11/17/78, and again stated this even after he was warned that giving a false name and DOB was a crime I have laryngitis, I don't need alicense, I 03/25/20 CTS have a driver. Defendant also stated that he 09 pos arms had nothing to drink and does not drink alcohol. (Type) (3) All written, oral and transcribed statements are appended unless otherwise noted in Section (13) of this form. Recorded but not transcribed statements will be made available to counsel on a mutually agreed- upon date. Any transcripts of testimony relating to this case, given before the Grand Jury by the defendant, or by any co?defendants to be tried jointly, will be provided when available. (4) . USED (5) (6) (7) The following written reports or documents, or portions thereof, concerning physical or mental examin- ations, or scienti?c tests or experiments, relating to this case, which were made by or at the request or direction of a public servant engaged in law enforcement activity, or by a person whom the People intend to call as a witness at trial, or which the People intend to introduce at trial, are appended, unless otherwise noted in Section (13) of this form: Narcotics Report (FEB) I: Breathalyzer Certi?cation Serology Report Performance Test Report I: Medical Examiner?s Report CTS Logs Breathalyzer Report Fingerprint Report I: Ballistics Report Handwriting Analysis El Physical Examination Mental Examination Other: The following property is in the possession of the People and will be made available to the defendant for inspection, photographing, copying or testing on a mutually agreed-upon date: El Photographs Video (available for inspection and copying) Tapes Recordings (MDT available for inspection and cepying) Property Obtained From Defendant or Co-Defendants Except as may be noted below, a review of the ?le in the of?ce of the District Attorney does not indicate that the People are presently in possession of anything required to be disclosed prior to trial to the defendant, pursuant to the constitutions of New York State or of the United States. The People are aware of their continuing duty to disclose pursuant to Brady v. Maryland. If, subsequent to the disclosure of the items speci?ed above, additional items, which the District Attorney believes would be subject to disclosure under the provisions of this form, are revealed, such items will be disclosed, unless a protective order to prohibit their discovery would be warranted, in which case a writ- ing to that effect will be provided. (8) (9) (10) (11) NOTICES (CPL ART. 710) PLEASE TAKE NOTICE that pursuant to Section 710.30 of the Criminal Procedure Law, the People intend to offer evidence of the statements of the defendant referred to in Sections (2) and (3) of this form at the trial of this action. PLEASE TAKE FURTHER NOTICE that pursuant to Section 710.30 of the Criminal Procedure Law, the People intend to offer at the trial of this action testimony regarding an observation of the defendant, either at the time or place of the commission of the offense or upon some other occasion relevant to the case, by a witness who has previously identi?ed the defendant as such, as follows: Type of Identi?cation Em Procedure Date Time DEMANDS (CPL ARTS. 240 AND 2501 PLEASE TAKE NOTICE that in accordance with the provisions of Section 240.30 of the Criminal Procedure Law, the People hereby demand that within ?fteen days of the date of service of this demand, you disclose and make available to the District Attorney of Nassau County for inspection, photographing, COpying or testing: any written report or document, or portion thereof, concerning a physical or mental examination, or scienti?c test, experiment, or comparisons, made by or at the request or direction of the defendant, if the defendant intends to introduce same at the trial of this action, or if the defendant has ?led a notice of intent to proffer evidence and such report or document relates thereto, or if same was made by a person, other than the defendant, whom the defendant intends to call as a witness at trial; and any photograph, drawing, tape, or other electronic recording which the defendant intends to introduce at trial. PLEASE TAKE FURTHER NOTICE that, in accordance with the provisions of Section 250.20 of the Criminal Procedure Law, the People hereby demand from you that if you intend upon the trial of this action to offer, for any purpose whatever, testimony which may tend to establish the defendant's presence elsewhere than at the scene of the crime or crimes with which he is charged, at the time of their commission, you must, within eight days from the date of service of this demand, serve upon the District Attorney of Nassau County, and ?le with this Court, a copy thereof, a "notice of alibi? which shall set forth in detail the place or places where the defendant claims to have been, together with the names, post of?ce addresses, residences and places of employment and the addresses thereof of the witnesses upon whom he intends to rely to establish his presence elsewhere than at the scene of the crime or crimes at the time of their commission. If at the trial of this action you call such an alibi witness without having served a notice of alibi pursuant to the demand or, if having served such a notice you call a witness not speci?ed therein, a motion will be made pursuant to the provisions of Section 250.20 of the Criminal Procedure Law to exclude any testimony of such witness relating to the alibi defense. (12} PLEASE TAKE FURTHER NOTICE that in accordance with the provisions of Section 250.10 of the (13) (14) (15) Criminal Procedure Law, the People hereby demand that if you intend upon the trial of this action to present evidence, you must, not more than thirty days after entry of the defendant's plea of not guilty, serve upon the District Attorney of Nassau County and ?le with this Court a written notice of your intention to do so. Copies of the items indicated below are attached: PDCN-79 or Equivalent El El District Court Information(s) or Equivalent Prosecutor?s Information(s) Defendant?s NY State Criminal Record Appearance Ticket Simpli?ed Traf?c Informati0n(s) Defendant?s FBI Criminal Record Supporting Deposition(s) Defendant?s DMV Abstract Driving Record FEB Analysis Report CPL 710.30 Notice Served on Defendant Defendant?s Local Criminal Record b! Other (See other attached) Comments: Date DATE PREPARED: 09/18/2009 Form prepared by LAUREN NICKERSON, Assistant District Attorney Form served on the Court by Form served on by Form served on by Form served on by SUPREME COURT: COUNTY OF NASSAU STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK -against- SALVATORE PANE, II, Defendant THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, accuses the defendant of the crime of OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AS A ELONY, in violation of Section 1 192, Subdivision 3 of the Vehicle Traf?c Law of the State of New York, Driving While Intoxicated committed as follows: The defendant, SALVATORE PANE, H, on or about the25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle while he was in an intoxicated condition. SECOND COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, ftu'ther accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE, in violation of Section '51 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner, and the suspension was a mandatory suspension pending prosecution of a charge of a violation of section eleven hundred ninety-two of the Vehicle and Traf?c Law of the State of New York ordered pursuant to paragraph of subdivision two of section eleven hundred ninety-three of the Vehicle and Traf?c Law of the State of New York or other similar statute and the defendant was operating a motor V?hi?le?wh'i'le?nae} the in?u'enCe of ale-ohOI'o'r a drug?in? violation of subdivision one, two, three, four or ?ve of section eleven hundred ninety?two of the Vehicle and Traf?c Law of the State of New York. THIRD COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE, in violation of Section 51 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the '25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner, and the suspension or revocation was based upon a refusal to submit to a chemical test, pursuant to section eleven hundred ninety?four of the Vehicle and Traf?c Law of the State of New York and the defendant was operating a motor vehicle while under the in?uence of alcohol or a drug in violation of subdi vision one, two, three, four or ?ve of section eleven hundred ninety-two of the Vehicle and Traf?c Law of the State of New York. FOURTH COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE SECOND DEGREE, in violation of Section 5 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon .a public highway while knowing or having reason to know that his license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner and the suSpension was a mandatory suspension pending prosecution of a charge of a violation of section Eleven Hundred Ninety-two of the Vehicle and Traf?c Law of the State of New York ordered pursuant to paragraph of subdivision two of Section eleven hundred ninety?three of the Vehicle and Traf?c Law of the State of New York or other similar statute. FIFTH COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A IN THE SECOND DEGREE, in violation of Section 511.2 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his or her license or privilege of operating such motor-vehic-le-in this state or privilege of obtaining a licenserto operate such motor vehicle or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner and the suspension or revocation was based upon a refusal to submit to a chemical test pursuant to section eleven hundred ninety?four of the Vehicle and Traf?c Law of the State of New York. AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE, in violation of Section 51 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner, and the defendant was Operating a motor vehicle while under the in?uence of alcohol or a drug in violation of subdivision one, two, three, four or ?ve of section eleven hundred ninety?two of the Vehicle and Traf?c Law of the State of New York. SEVENTH COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE, in violation of Section 51 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner, and the defendant was operating a motor vehicle while under the in?uence of alcohol or a drug in violation of subdivision one, two, three, four or ?ve of section eleven hundred ninety-two of the Vehicle and Traf?c Law of the State of New York; this act of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE being separate and distinct from the act mentioned and described in COUNT SIX of this Indictment. EIGHTH COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE THIRD DEGREE, in violation of Section '51 1-1 of the Vehicle Traf?c Law of the State of New York committed as followsi The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, operated a motor vehicle upon a public highway while knowing or having reason to know that his license and privilege of operating a motor - *vehicl-e tin-Newer York-?State ?--was suspended,- -re-voked or otherwise withdrawn. by the commissioner. NINTH COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of FALSE PERS ONATION, in violation of Section 190.23 of the Penal Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009,, in the County of Nassau, State of New York, after being informed of the consequences of such act, did knowingly misrepresent his actual name, date of birth or address to apolice of?cer or peace of?cer with intent to prevent such police of?cer or peace Of?cer from ascertaining such information, to wit: the defendant gave a false name to a police of?cer. TENTH COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, "further accuses the defendant of the crime of A VIOLATION OF SECTION 1 163-d OF THE VEHICLE TRAFFIC LAW OF THE STATE OF NEW YORK, committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, while operating a motor vehicle upon a public highway in the County of Nassau, failed to give the appropriate signal when changing lanes. ELEVENTH COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of A VIOLATION OF SECTION 1 180-d OF THE VEHICLE TRAFFIC LAW OF THE STATE OF NEW YORK, committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did drive a vehicle at a speed in excess of 30 miles per hour which was the maximum speed limit which had been established pursuant to sections 1620, 1622, 1623, 1625, 1627, 1630, 1643, 1644, 1652, 1662a, 1663 and 1687. The said speed limit was not a school speed limit. TWELFTH COUNT AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of A VIOLATION OF SECTION 509.1 OF THE VEHICLE TRAFFIC LAW OF THE STATE OF NEW YORK, committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day ofMarch, 2009. in the County of Nassau, State of New York, did operate a motor vehicle, other than during the course of aroad test conducted pursuant to the provisions of this article upon a public highway of this state, or upon any sidewalk or to or from a lot adjacent to a public garage, a supermarket, shopping center or car washing establishment or to or from or into a public garage or car washing establishment without being duly licensed pursuant to the provisions of this chapter. All of the acts and transactions alleged in each of the several counts of this Indictment are connected together and form part of a common scheme and plan. Dated: July 30 2009 ., Mineola, New York I A I a? District Attorney PLEASE TAKE NOTICE that in accordance with the provisions of Section 240.3 0 of the Criminal Procedure Law, the People hereby demand that within ?fteen days of the date of service of this Demand, you disclose and make available to the District Attorney of Nassau County for inspection, photographing, copying or testing: a) any written report ot?document Or portion thereof, concerning a physical or mental examination, or scienti?c test, experiment, or comparisons, made by or at the request or direction of the defendant, if the defendant intends to introduce same at trial of this action, or if the defendant has ?led a notice of intent to proffer evidence and such report or document relates thereto, or if same was made by a person, other than the defendant, whom the defendant intends to call as a witness at trial; and any photograph, drawing, tape, or.other electronic recording which the defendant intends to introduce at trial. PLEASE TAKE FURTHER NOTICE that in accordance with the provisions of Section 250.20 of the Criminal Procedure Law, I hereby demand from you and each of you that if you intend upon the trial of this indictment to offer, for any purpose whatever, testimony which may tend to establish your presence elsewhere than at the scene of the crime or crimes with which you are charged, at the time of their commission, you must, within eight days from the date of service of this Demand, serve upon the District Attorney of Nassau County, and ?le with this court, a copy thereof, a "notice of alibi" which shall set forth in detail the place of places where you claim to have been together with the names, post of?ce addresses, residences and places of employment and the address thereof of the witnesses upon whom you intend to rely to establish your presence elsewhere than at the scene of the crime or crimes at the time of their commission. If at the trial of this action the defendant calls such an alibi witness without having served a notice of alibi pursuant to the demand, or, if having served such a notice he calls a witness not speci?ed therein, a motion will be made pursuant to the provisions of Section 25 0.20 of the Criminal Procedure Law to exclude any testimony of such witness relating to the alibi defense. PLEASE TAKE FURTHER NOTICE that pursuant to Section 710.30 of the Criminal Procedure Law, the People intend to offer at the trial of this indictment evidence of oral and/or written statement(s) made to a public servant pertaining to the charge set forth in this indictment. PLEASE TA KEF URT HER NOTICE that pursuant .to Section] 10.3.0. ofthe Criminal Procedure Law, during the trial of this matter, the People expect to introduce testimony identifying the defendant as a person who committed the offenses charged as set forth in this indictment, which testimony will be given by a witness (witnesses) who has (have) previously identi?ed the defendant. KATHLEEN M. RICE - District Attorney Nassau County, New York SUPREME COURT: COUNTY OF NASSAU STATE OF NEW YORK . - - - - - - - - - - - against_ Information filed pursuant to Section 200.60, Subdivision 2 of the Criminal SALVATORE Procedure Law relative to the defendant Defendant on Indictment No. 5 9 33;. 0 9 Filed July 30 2009 BE IT REMEMBERED, that by this Information, I, KATHLEEN M. RICE, District Attorney for the County of Nassau, State of New York, accuses the defendant, SALVATORE PANE, II, of a certain conviction of a crime prior to the commission by this defendant of the certain crime of which he stands accused in the Court under Nassau County Indictment No. 5 9 3 0 9 said indictment charging the defendant with. the crime of OPERATIN A MOTOR VEHICLE WHILE UNDER. THE INFLUENCE OF ALCOHOL, AS A ELONY, AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE, (F OUR COUNTS), AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE SECOND DEGREE, (TWO COUNTS), AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE THIRD DEGREE, FALSE PERSONATION, A VIOLATION OF SECTION I l63-d, AND 509.1 OF THE VEHICLE ?2 TRAFFIC LAW OF THE STATE OF NEW YORK. The prior conviction was for a violation of a provision of section eleven ninety-two of the Vehicle and Traf?c Law of the State of New York and as 'part ofthat sentence the defendant?s license was suspended or revoked. Said suspension or revocation is the basis for the defendant?s Operating a motor vehicle upon a public highway while knowing or having reason to know that his license or his privilege of operating a motor vehicle in?this state or his privilege of attaining a license issued by the commissioner was suspended or revoked as alleged in the aforesaid indictment. The aforesaid previous conviction and sentence was as follows: On or about the 19th day of February, 2004 in the District Court of the County of Suffolk, State of New York, said defendant, SALVATORE PANE, II, was duly by law convicted, upon a plea of guilty, to a violation of Section 1192.3 of the Vehicle and Traf?c Law of the State of New York, upon which conviction he was sentenced the 19th day of February, 2004. /l?5is?ridetioniey Nassau County Dated: July 3 0 2009 Mineola, New York Citationaf/ DISTRICT COURT FELONY COMPLAINT 209CR0023412 Return Date 03/25/2009 Arrest/1 209AR000533 0 Date/Time ofArTeSt 03/25/2009 at 02:20 DOB 11/16/1982 Age 26 Offense DWI FELONY Sector 323 ?repared By 1943131ENZ Court Docket FIRST DISTRICT THE PEOPLE OF THE STATE OF NEW YORK AGAINST SALVATORE II PANE 450 GROVE AVE PATCHOGUE NY 11772 IN THE STATE OF NEW YORK COUNTY OF NASSAU: PO EDWARD BIENZ, 164%. BEING A MEMBER OF THE NASSAU COUNTY POLICE DEPT DEPOSES AND SAYS THAT ON OR ABOUT THE 25TH DAY OF MARCH, 2009. AT ABOUT 2:05 AM, AT CHARLES LINDBERG 1'3 LVD GARDEN CITY, THE DEFENDANT DID VIOLATE NEW YORK STATE VTLS ?1 . 1 192(3) DRIVING WHILE INTOXICATED. NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE IN AN INTOXICATED CONDITION. WIT: On the aforesaid date and time and at the place aforesaid I observed Salvatore Pane 2nd the defendant, operating a 2008 Toyota motor vehicle while in violation of Section 1 192, Subdivision 3, of the Vehicle and raf?c Laws of the State of New York in that said defendant operated a motor vehicle while in an int0xicated condition. The Above is based upon information and belief, the source of said information and basis of said belief is the personal observations of your deponent and the business records of the Department of Motor Vehicles. Said defendant having been convicted within the past ten years of violating Section 1192.3 of the Vehicle and Traf?c Law on the 19TH day of FEBRUARY 2004 in DISTRICT Court, County of SUFFOLK, State of NEW YORK ANY FALSE STATEMENT MADE HEREIN IS PUNISHABLE AS A CLASS A MISDEMEANOR, PURSUANT TO SECTION 210.45 OF THE PENAL LAW. SUBSCRIBED BEFORE ME THIS 25TH DAY OF MARCH 2009. PO SGT PATRICK THOMPSON Citationt/ DISTRICT COURT -- INFORMATION 209CR0023412 Return Date 03/2 5/2009 Arrest/t 209AR00053 30 Date/Time ofArrest 03/25/2009 at 02:20 DOB 11/16/1982 Age 26 Offense 1 00.23 FALSE PERSONATION MISDEM ector 323 Prepared By 8943BIENZ Court Docket FIRST DISTRICT THE PEOPLE OF THE STATE OF NEW YORK AGAINST SALVATORE II PANE 450 GROVE AVE PATCHOGUE NY 1 1772 IN THE STATE OF NEW YOM COUNTY OF NASSAU: PO EDWARD BIENZ, \3466, BEING A MEMBER OF THE NASSAU COUNTY POLICE DEPT DEPOSES AND SAYS THAT ON OR ABOUT THE 25TH DAY OF MARCH, 2009, AT ABOUT 2:05 AM, AT CHARLES LINDBERG BLVD GARDEN CITY, THE DEFENDANT DID VIOLATE NEW YORK STATE PENAL ?190.23 . A PERSON IS GUILTY OF FALSE PERSONATION WHEN AFTER BEING INFORMED OF THE CONSEQUENCES OF SUCH ACT, HE OR SHE KNOWINGLY MISREPRESENTS HIS OR HER ACTUAL NAME, DATE OF BIRTH OR ADDRESS TO A POLICE OFFICER OR PEACE OFFICER WITH INTENT TO PREVENT SUCH POLICE OFFICER OR PEACE OFFICER FROM ASCERTAINING SUCH INFORMATION. TO WIT: At the time and place of occurrence, your deponent, a Nassau County Police Of?cer, witnessed the defendant, Salvatore Pane 2nd, operating a 2008, Toyota, Gray, 4dsd with NY Reg ELD6198 on Charles Lindbergh Blvd. The defendant was operating the vehicle in excess of posted speed limit (VT 1 180D) and failed to signal a lane change (VTL 1 163D). The defendant was unable to produce a driver's license or identi?cation. Defendant stated his name was Mikal Sachana, with date of birth 11/17/78 and stated he was a District Attorney in Suffolk County and had previously worked as a ADA in Nassau. The defendant was informed by your deponent that giving a false name, and date of birth, was a crime. The defendant stated again he was Milcal Sachana, date of birth 1 1/17/78. Upon search of defendant incident to a law?il arrest, a NYS drivers license was found inside the defendants wallet with the name Salvatore Pane 2nd with the defendant's picture on the license. The defendant refused to acknowledge this as his identity, to your deponent. After Miranda warnings were read defendant did ?nally state that he was in fact Salvatore Pane 2nd. The defendant after being informed of consequences of false personation, knowingly misrepresented his name and date of birth, with intent to prevent your deponent from ascertaining such information. The above is based upon information and belief, the source of said information and basis of said belief is the personal observations of your deponent and the statements made by the arrestee. ANY FALSE STATEMENT MADE HEREIN IS PUNISI-IABLE AS A CLASS A MISDEMEANOR, PURSUANT TO SECTION 210.45 OF THE PENAL LAW. SUBSCRIBED BEFORE ME THIS 25TH DAY OF MARCH 2009. Po EDWARD BIENZ PATRICK THOMPSON 889787735 393787724 5. a; 5A Wm 7" Th5 PERSON ozscalesn A5 I 859787735 889787724 Lu a ovE Is mwesn A5 "o 3 e" 3mg"; 91 1 Lvucufi nannm'h SSW 2 889787750 1,1 . . LL11 LL 5 ME PERSON 055 -4 A wk .hr'nlr Es Hus 1 Acimi If) gkk'dika7lon339a: r/H; mm" mumWWm"MM/mm' POLICE DEPARTMENT. COUNTY OF NASSAU, NEW YORK SUPPORTING 0F - AGGRAVATED UNLICENSED OPERATION cm Mn mama mm No my: a: 25mm 771-6 ZDQARSSR 0303/2009 PEOPLL STATE OF 'w YORK against Five ii i . DEFENDANT i'iic ubim ENDA i' is charged ivuii OPERA HON WHILE LICENSE OR VRJVILEGE is SBSPE DED OR REVOKED. AGGRAV VA rm UNHCENSED con ary in Smion j! i Vchicll.' and 'rmrric Law A szosiuon and Bin me iiurcgy provided as foliaws' UNDERSVLINED ume din-m Anowicdgc unless cilicrwisc specified, me on in album Hi: 25 da) mi; Maicii ,3009 Val or aboui 0205 o'clock 81 AM PM, opcmicda cm ~Gray NY Ruvdiuiiwimui iLDm'Ia ii.n Nolfiluiydi'lecnon unC'hai'icS a highway Mum-piiufl cad 7 ,Counly of'Nassmi. S|a|e ofNew York knowing or llavlng icasnn in mm such persu ham or privilege ofopcraling Such ilimni vehicle in mm Sinic or puwiege a Dpcizi'e such il'iUlm'VChIClL 153164 by in: Cuminissmner nrMuim Vcliiclcs IS revoked by Commissioner rm: 0F HIE STATE OF NEW voRK v. Salvatore Pane ii in sccfinll 7mm ni'iuu Proculurc Lmv.' land in use in staiumeni: or admissions um iubscqunn' muuinc unucicii Iml't'ln. um I Plum mun notice nu- pooplc, pui by Dcl'cnihml lo a mu cumrcumeui umcui 1. 4 SUSPENSIONIREVOCAHON icanducled a mmpuiarcheck Dime records af My basis lay behaving aim me New Vum Sim Depaflmanl ufMalDrVehicies realm to know mai mum hcanse was Suspend. Dale ulfii'U' sex 8 iwhase husmess ii is In make such and ad oi revoked is as inflows iChzdi as many as Mow/In in a -- which iemms are made and maintainad in me appiy) Licens! Slale New Yo reguiarcuuise aiuusiuess Wlthiri a i2 Deienuauiwas unabielo pvoauce a vahfl Am; Daig iiaizsizow Am. ms 3 iime afler me event 0' uccun'enoe), Thai recmd iicme Veniau impaunuua inllegaiiyparked reveais Maurine iime curve shave ubsswaiions Defendant sisieaihai ne/sh: did rim have a Yuwen as manyas appiy) vaiia driver's licean Vehicie Gimmian werfliflnuibs Yes ND The deiendani'shbenss urpii'wiege oinnsraimg Deienuaui was bvme Felice was suspended oi vevoked ML 51 1.i u'Vsalflm (J: The aeienaani's iiuense piwiiege or operating on a prior dalei inai his/rim iicense or uiiwiege ol 2 REASON FOR STOP was ui revoked and was upmimg was suspended/mvnked rim! 0.05 previnuslycited and convidsd vn Deienaam shied to me in subsianoe' Ahai hs' 5715 knew hifilhel iicense wassuspenden or Read Ccnfiilinns Lyi-v mSecimnis) Hqu i ism sii within me pletEding1B monms The delendarii's iioerise orpiiviiege oiaperaiing rzvaked saying 55272 ai Eula acuflent was suspended oi reuoked based on a miusai ii: Roaamack Civi'idn Campiainl submit Ii: a chemicai issi pursuani la VTL i196 ur other igxpuini a canviciiau ior a vialaiion pending pmsecmion icivn iisz ivn 51172 Devenazni has In sum imee oi mole . uniueis Gcseilihnn Civi'ian \Nilness Sims impased mi ai ieasl was separate azies Var nssiuvmiou io answei appearnrpaf iina ivn 51in a! "is iaiiv) Dereiuwinea me Veniciu 3 Vii W172 min was 5 neisnuuniaimnwuiumum operating iwiuizuunoivu we: 51' Asa resuiloflhe Deienamisiarea Vie/:hewasdmvig Deieriaarii rusiri afleci 'eri suspenr commaan liCBi'ae ms deierminen (o be 7 Sims an uiezsiiensmmaaus suscemedm'ev .ed A iaiicauisumiimm 7 answei unpearurnaya iineim 73 siomicvocziinu 'ne 1 ms chem Was Conduned Depaivmenl ui during "is iequiai radio Mcbiie Data Termini-ii (Guise albuziness' a scum uiiris naiick '3 Eyyhune a mainizim We nepanmmoiwiwgiuus fi' [3 one: Tumumi i-Mosi iemi Susuension Numhwaiid Dal: Win 007 False Stalements made herein are punishabie as a class misdemeanor pursuauno Sectlon 210,45 urine Penal Law. in. mi'wnsii ic umLi 5mm M) 14667 Freani 03 5mg N3 "4 I--W rr--PR HEW Mummy .f ,u . Pit" SUPPORTING DEPOSITION AND BILL OF PARTICULARS -PCDN 93ASI Printed Oil/257200940142 By Page 1 Arresn'? Arrest Date 03/25/2009 02:20 THE PEOPLE OF THE STATE OF NEW YORK AGAINST: SALVATORE II DOB 11/16/1982 The above defendant is charged by Simpli?ed Traf?c Information with operating a motor vehicle under the in?uence of alcolidl?br drugs, contrary to Section 1192 ofthe Vehicle and Traf?c Law. A SUPPORTING DEPOSITION and BILL OF PARTICULARS pursuant to Section 100.25 and 200.95, respectively, ofthe Criminal Procedure Law are hereby provided, as follows: On 03/25/2009, at or about 02:05, at the vicinity of CHARLES LINDBERG BLVD, GARDEN CITY, County of Nassau, State of New York, the Defendant, SALVATORE II did operate a motor vehicle under the influence of alcohol or drugs, contrary to section 1 192 of the Vehicle and Traf?c Law. On March 25, 2009 at approximately 0205 hours, I Police Of?cer Bienz, observed the defendant Pane,Salvatore ll (DOB 1 1/16/82.) Operating a 2008 Toyota 4DR color gray with NY Reg ELD6198 traveling on Charles l,.indbergh Blvd, East Garden City NY while following the motor vehicle the operator was traveling above the posted speed limit and failed to signal a lane change. At the intersection ofStewart Ave and Quentin Roosevelt Blvd, I. proceeded to activate my lights and siren to conduct a VTL stop. I approached the drivers side window and immediately smelled the odor of an alcoholic beverage emanating from his breath, slurred Speech and observed the driver had red watery bloodshot eyes. The driver was unable to produce a New York State Drivers license. I then had the driver exit the vehicle and come to the adjacent parking lot. The driver stated had only 2 beers?. I conducted Standardized Field Sobriety Tests at the scene with positive clues. A PBT was administered with results of. it? ?ltiliAC. During the the defendant made many statements including "1 was a Nassau District Attorney, but i left for Suffolk on January 6111" and work at Eastern District Court During the whole VTL investigation the defendant stated that he was another person. The defendant stated his name was Mikal Sachana, with date of birth 1 1/1 WTS and stated he was a District Attorney in Suffolk County and had previously worked as a ADA in Nassau. The defendant was informed by your deponent that giving a false name, and date of birth, was a crime. The defendant stated again he was Mikal Sachana, date of birth 1 1/17/78. I subsequently placed the defendant under arrest for driving under the influence of alcohol . When being placed in custody the defendant stated "Donlt do this I'm married and have a kid and owe a hundred thousand dollars out in law school and my father died in 9?1 1-2001 named given (Chris 'Higgens)? and he also stated know Torn Smart and Steve Levy?s my cousin, I have both their numbers in my phone.? Time of arrest was 0220 hours. PD. Jets and I placed the defendant in the rear 323 and transported him to Central Testing for further testing. Upon inventory search ofdefcndant's wallet incident to arrest a NYS ID card with the above listed defendant name was recovered. Miranda warnings read at 0302hrs. At Central Testing .1 read the defendant authorization for alcohol/breath to the defendant at 0330 hours and defendant refused to submit to a breath test. Defendant was asked again to submit to a chemical test at 0333 and refused at 0334hrs and was deemed a refusal. Defendant Pane, Salvatore II is being charged with 192.3, 51 .3 509.1, 1163D. Vehicle was impounded from scene to Bills 'l?owing. 13 Midland Ave llicksville. hnpound 03?208?09. Vehicle to be held for Asset Fortfeiture 250?09. RMP 323 Detentiaiit has the following prior convictionfs) for section 1 192: 1 192.3 On 02/19/2004, the defendant was convicted in DISTRICT Court, in SUFFOLK, State YORK ANY FALSE S'l A TEMIENT MADE HEREIN IS PUNISI-IABL-E AS A CLASS A MISDEMEANOR, PURSUANT TI.) OF THE PENAL LAW. Subscribed before me this 25TH day of MARCH 2009. 1 ?7 DUIHDWI SUPPORTING DEPOSITION AND BILL OF PARTICULARS -PCDN 93ASJ Printed By 6451THOMP Page 2 . PO EDWARD BIENZ SGT PATRICK THOMPSON Defendant PANE, SALVATORE 209AR0005330 . SUMMARY SHEET -PC Pn'nted DOB Arrest Date 03/25/2009 02:20 .. By 645 I THOMP ArrestBy 8943BIENZ NERA I. Vehicle Disposition Road Condition Tra Hie Video Log l/xl Ol?licer Observed Civilian Complainant Civilian Witness Cheek Point Driving Violation IMPOUNDED DRY LIGHT DEFENDANT INFORMA 'l?lON At Wheel In Vehicle Key in ignition Motor On Defendant injured Seapended License No Ale. Alter Slop Accident l?i'open'y Damage uries Serious Injuries Futulities TESTS Will 11 rn One Leg Rem berg FingeriNose PBT Resu tsi'Other Cl Ell/H (T 1. YES 7 Breath Urine l3 loud Ct nu rt Order ONT OBSERV 03/25/2009 03:34 AuthoriZed Authorized Judge Taken Taken Taken Wh ere ?Jr. - . .. -.--. n" . vim?.11? mi m. 1??Ktl DEFENSE NOTIFICATION Printed 03257200940241 By 6451THOMP Page 1 Arrest/7' 209AR000533O Date-Time 03/25/2009 02:20 THE PEOPLE OF STATE OF NEW YORK AGAINST: a SALVATORE II DOB 11/16/1982 5 5: Please take notice that the PEOPLE, pursuant to section 710.30 of the Criminal Procedure Law, intend to use all Statements or admissions made by the Defendant to a law enforcement of?cial and subsequent identi?cation t?sninony re?ected herein. STATEMENT ADMISSION The following statement(s) were made by the Defendant to the noted officer at the time and place speci?ed. (The ?rst line indicates the type ofstatcment. The second line indicates where it was made, the date and time it was made and to whom it was made. This is followed by the statement itself.) ORAL STATEMENT Where: PLAE OF ARREST Date-Time: 03/25/2009 02: 10 To Whom: 8943BIENZ "l was a Nassau district attomey, but I left for Suffolk on January 6th." work at Eastern District Court "Don't do this I'm married and have a kid and owe a hundred thousand dollars out in law school and my father died in 9?1 1- 2001 named given (Chris had only 2 beers." r?l know Tom Souzzi and Steve Levy's my cousin I have both their numbers in my phone." IDENTIFICATION The following identification was made of Defendant: 03/25/2009 02:05 ll) BY WHOM ARREST PO BIENZ - OPERATION Form 51- REV mu POLICE DEPARTMENT, COUNTY OF NASSAU, N.Y. REPORT FORM IAWWEMTNU DDMMAND ARRESYWV '8st ENYND, oi uwau 72V RAM Fl ME COMMAND :0 EC CAL (316/ W95 0 Police Headquarters, Mineola, New York su mm; mm; 5mm: Mum 'anj cam fi'fl, a rrmzarwasr Wm M: magma ucxossmnowrwsun A I msmmam- \(Jp A A 3 A rmsnuns sznuNwE MESS: 5 1 Mum rmsmowsz mumms>> ananonLWaszm: mm wmom nus mm um um. Dummr: nemm mm um 5 a "is 2/ mm". mansmucm, ave: Duo Elvis Duo 7 cummws 12 5; MM: Nam! W4 VMM < Rag". ca dnur mam Mm". :15 a "mm W, mumaw a "mam maum mm 24mm gum: Viv INITIALS 1. El Turn on and simulator and/or bringout of standby. Cl lntoxilyzer and simulator already on. 2. Subject was under direct observation for at least 20 minutes priorto the obtaining of the breath sample(s). Subject did not have anything to eat, drink or smoke and did not vomit or regurgitate during the 20 minute period or during the testls). 3. Observe Display: Inc. INTOXILYZER ALCOHOL ANALYZER 5000' - Push Button To Start Test Push Button - verity 4. Push GREEN Start Test Button. insert Test Record Card. If the keyboard is used the foIIOWing entries will be prompted tor. and must be entered. After entering information hit RETURN key. A Observation TIme B. Subjects Last Name C. Subjects Name D. Subject's N?ddle Name E. Operator?s Serial Number F. CTS NO. G. Review Data YIN OR . A. Subjects Last. First, Middle Namesr DOB. Sex B. Arresting Officer?s Last, First Name, Serial No. C. Operators Last, First Name. Serial No. D. Assignment Number 5. Observe Display: 6. Check simulatortemperature Degrees C. 7. Observe Display: 8. Observe Display: 9. Observe Display: MOUTHPIECE . . . . . . Listen lor tone to stop. 10. Secure breath sample from Subject 11. Observe Display: 1 a Test eDm Diets. Rutom atlcally prints Test Record Card. SIMULATOR No. BY WHOM SIMULATOR LOT NO. DATE CERTIFIED INTOXILYZEFI No. .n MODEL DATE BY WHOM Were Miranda warnin previously read 84:35 El No If NO, please read warnings gelow. If YES: Date read: 2- Time By whom: E9174. XV . Arresting/Of?cermaking noti?cation: A (I 1, Signature: E. Fl Before asking you any questions you should understand you have the right to remain silent and thatany statements you make may be used against you in court. Also, you have the ri ght?to talk to a lawyer before answering any questions or to have a lawyer present at any time. If you cannot afford to hire a lawyer, one will be fumished you, if you wish, and you have the rightto keep silent until you have had a chance to talk with a laWycr. 3 Do you understand Yes Cl No Comments Now thatI have advised you of your righm, are you willing to answer questions Yes No Comments READ av SIGNATURE TIME (Initials) f7 YOU Sig WHERE WERE YOU COMING WHERE WERE YW . WHAT YOU HAD TO DRIN (brand names. sues] WHEN DID WHEN DID YOU STOP N5 Minn .. HOW MART TIMEs A DRINK WHEN YOU WHAT DID YOU EAT-I NA 't 0. {chi HOW MD on SLEEP DID YOU GET LAST :Rjjou usme ANY DRUGS OFI as IF so. IF ACCIDENT: HAVE YOU HAD ANYTHING Wale ADDIW ARE YOU YOU sit?E?I-?Ei?g??rt? ARE YOU DISAeueyrEs. WHAT TYPE oI= Do YOU HAVE A SPEECH DO YOU HAVE ARE YOU ANY IF so. WHICH cuss? . DO IF YES. ARE YOU ASTHMATIC If Page 2 POLICE DEPARTMENT. COUNTY OF NASSAU, N.Y. Wuwzacdw REPORT AUTHORIZATION FORM mm M: 30 941100 ms mom Na ACCIDENT Mn nwmun TIME Ann DAVE 03K) 3Z1?7flz YOU HAVE BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. Will you submil a chemical lest nfyour ill . 'Subj mu my "use" mums mm, w--mm--mcu. ms A will you submitm a chemical of your 7 f' wme or A. A READ BY SUNECPS WWNESSED VIME Will you submit a chzmical test afynur Subject will writ: or . wn'rlEisEo m4: am av swam "Mia" (man NOTES. s: new?" VisnojunaQTS "x Ms W: WE fins/wan 07.10 Su pm If you refuse to submit to the test year minimum lrevocatitiln charges for which you he You have been asked to submit to a chemical test. of your driver?s license or operating privilege whether or not yo ve been arrested. In addition, your re?asal to submit to a test, or introduced as evtt?ience against you at any proceeding or hearing resulting from the arrest. 02g? AND DATE . or any portion thereof, it will result in the immediate suspension and subse went one are found guilty 0 the any portion thereof, Can be IF AUTHORIZATION WERE ISSUED IN A LANGUAGE OTHER THAN ENGLISH, PLEASE INDICATE LANGUAGE HERE Will you ubmit to a chemical test of your ?e in?? I Subject will write or (V . 033V READ BY SUBJECTS m? 5555' TIME I "(millayou submit to a chemtcal test of your . Subject will write or READ BY SUBJECTS SIGNATURE WITNESSED TIME UNABLE (Inllial) ?Will yo?i?ib'rnit to a chemical test of your Subject will write or . READ BY SUBJECTS SIGNATURE WITNESSED TIME (lnllial) BYIlnllIal) i? c: 66! 2113 :1 rec the 45] the the tpur ose eiz? Date I Iii/Lil! a member of the sseu {hunt-y; Police Beoartmeuh do hereby tify and authenticate pursuant to @5355 out? 8 ofthe CELR. timt this is a photocopy of original anti that title remrd tires to; toe reguier eoure of bosom-:35, goo ?re?led end em. yrs: - mm 1 1 utijgitiat?? E?eagi'a?ye? Page 2 gga 4iu\u\'m I;wa we": \smx POLICE DEPARTMENT, COUNTY OF NASSAU, NEW YORK STANDARDIZED FIELD SOBRIETY - FIELD NOTES DISTRIBUTION: ORIGINAL - COURT COPY - C.T S. CTS NO. COPY OFFICER :1 NAME A DATE I TIME Votne? Oblasiog 5129\5 LOCATION 1 I ?3 Xexewfke QM. I bah-P Iii?menu 0% {901.73 EC: REASON FOR STOP (1 ?b?ac??were A 3.00% ?O?goirox \r?xh??ab] ?ea ngGIqu Uni 6" \rwbg: Qt:qu aqwa i405? \o?ab?gm\ {in 'VxTnEthgE RENE. 2? am. aha-m ?nk-maxim i a: pea-tiara, a \st gch. Ado?r?l (A Sxaocet? 05m Lam cdml?wJHLI?W-W?agr- Rm \ac: Lari-3h A \t??aa 452% Verna tax], he age-Lam. Khr?bt WALK AND TUFIN TEST CORRECTIVE MONE CI CONTACTS, IF SO LENS Cl GLASSES HGN RIGHT EYE LEI-T EYE HAFID Ci son Lack of smooth pursuit 2 3 Maximum deviation (DistinctAngle of onset prior to (5 3 45 degrees ONE LEG STAND \3 cal: my, #19 r.th $1.023 t. rum 3, Cannotkeep balance if"? Starts too soon ?9 IST NINE 2ND NINE nua- Stop?s walking r-r Mlsses heel-[Igp?ways while balancing Uses arms to balance Steps offline 1'14 I [Ag/looping 5159 EMS . ulslootdown (?3i Fl A I I CI Can'tdotest(Explaln) Actual steps taken 'A??am?u 455? I 9 DESCRIBE TURN AND TURN TEST93w bran; I:ng beam: Exx, c: I Du :33: Cake-Sm CANNOT DO TEST {Exclaim AND THEIR LOCATION IN VEHICLE Names, .aooresses. Phone Numbers] "w 9% MIS CEEL-KN EOUS HT. 7. RREEHNG MME Io VVIMAND HRE CF ICER m4,?ng I-?xfb :3 @417?. I, 1 ?Law Pncuwn. mu Efr's'r'r'rifi"EUR3anr POLICE DEPARTMENT, COUNTY OF NASSAU, N.Y. WNW MW REPORT OF REFUSAL TO SUBMIT CHEMICAL TEST cow coumrusnnw msmunv rows-rs cow ARRESUNG osrlcin uweernmn on no rm armeer AM 83 mole Pane ll 11/16/1982 0220 nuns: chmE msor kin/5A) A 03/25/2009 0334 :1 an 1 slArEoRPWlecEurlSSI/E New Yelk ll/la/zoax No NFW vow MAB COUNIV PERSON ma NEUUESYED CHEMICAL TEST Nassau 120 Edward will depose and say lIlal on me 23 7 day of March 20 09 al me drlver above was arresled on a charge cl DlIvlng wfliIe In an inwxicaIed condlIiUn Driving while abllin is marred by use at drugs by PO I.deer Bienz Serlal Mar 8943 Command 03 arrdITEIsHE?n55flreasonable grounus ul me rnulealeu charge based on me IcIIowl/lg facts [the tllne and place ofoccul'rerlce, your deponent, a Nassau Cnumy PoIlce officer, the defendant, Salvatore Pane {76pm rnr, lerarulnrn ms operalrng the vchicIe in @1555: ofposled speed llmil (v11, 1 1 so D) and failed 1n signal a lane change (VTL ll'ssfanlre :Iefendanl unable produce a lree'nse Dr demanl had a mung odor ofan >ohoI?bevelrl red bloodshm watery as slurred speech. SFST pcrformcd and FBI. administered. YOU HAVE BEEN ARRESTED FOR DRIVING UNDER-THE INFLUENCE OF ALCOHOL OR DRUGS. 7 WiIl you submll [a a Dhemlcal lesl 01 your Breath Exact words used by driver 1- Nu rnereanar, me drruerwas warned as iollows "You have been asked lo submlna a manual lesl. llynu reluse 1e suble rolhe Iesl. or am anman mereat resull In < Exlensml 7m musl be oI any anangesru nearrng dale 1m.) 7 v, nearrng Unll an 011w appealed heme aw Judge Nan--l 7 31 171111ch _by POLICEIDEPARTMENT, COUNTY OF NASSAU, NEW YORK MISDEMEANOR - COURT INFORMATION FELONY COMPLAINT - AGGRAVATED UNLICENSED OPERATION PDCN 85AUO -1.0IOB ARREST no 0 [3 NO CASE REPORT NO coda-2T DOCKET NO. 209AR5330 209CR23412 'v?fis'EAli'AN'cr Tiber?r ea SERIAL NO RETURN coueT LIAISON NO 3&3 c\ DEFENDANT Fm TIME ?bills 10 TIME mitmiiEo av 1N CUSTODY 0220 OBIZSIZUOQ PO Bienz DISTRICT COURT OF NASSAU COUNTY, FIRST DISTRICT CRIMINAL PART THE PEOPLE OF THE STATE OF NEW YORK AGAINST Pane II 5.15.9..Qi?evsAE. . PatchevaNY 1772 STATE OF NEW YORK COUNTY OF NASSAU Police Officer Edward Bienz Shield No. 3466 being duly sworn, deposes and says that he is a member of the Police March 2009 at about 0205 AM. El PM. Department, County of Nassau, New York, and that on the 25 day of at Qharles LjIldbereh in East Garden City NY in the County of Nassau. State of New York Salvatore Pane the defendant committed the offense(s) of: Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree (Class Felony) in violation of Section 511-3 of the Vehicle and Traf?c Law of the State of New York, in that at the time and place aforesaid, the defendant; committed the offense of aggravated unlicensed operation of a motor vehicle in the second degree as provided in subparagraph (ill). or (iv) of paragraph of subdivision 2 of this section and was operating a motor vehicle while under the in?uence of alcohol or a drug in violation of sub- division section 1192 of the Vehicle and Traf?c Law of the State of New York. E) commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as de?ned in subdivision one of this section; and is operating a' motor vehicle while such person has in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer, appear or . pay a fine, pursuant to subdivision 3 of section 226 or subdivison 4-a of section 510 of the Vehicle and Traf?c Law of the State. of New York. - Ci commits the offense of aggravated unlicensed operation of motor vehicle in the third degree as de?ned in subdivision one of this section; and is operating a motor vehicle while under permanent revocation as set forth in subparagragh twelve of paragragh lb) of subdivision two of section eleven hundred ninety-three of this chapter. Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree (Misdemeanor) lj In violation of Section 5112 of the Vehicle and Traf?c Law of the State of New York, in that at the time and place aforesaid, the defendant committed the offense of aggravated unlicensed operation of a motor vehicle in the third degree as de?ned in subdivison 1 of this section; and El has previously been Convicted of an offense that consists of pr includes the elements comprising the offense committed within the immediately preceding 18 months; or the suspension or revocation is based upon a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of this chapter, a ?nding of driving after consumed alcohol in violation of section eleven hundred ninety-two- a of this chapter or upon a conviction for a violation of any of the provisions of section eleven hundred ninety-two of this chapter; or the suspension was a mandatory suspension pending prosecution of a charge of a violation of section 1192 of the Vehicle and Traf?c Law of the State of New York ordered pursuant to paragraph of subdivision 2 of section 1193 of the Vehicle and Traf?c Law of the State of New York or other similar statute; or such person has in effect 3 or more suspensions, imposed on at least 3 separate dates, for failure to answer, appear or pay a ?ne, pursuant to subdivision 3 of section 226 or subdivision 4-a of section 510 of the Vehicle and Traffic Law of the State of New York. Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (Misdemeanor) El In violation of Section 511-1 of the Vehicle and Traf?c Law of the State of New York, in that at the time and place aforesaid, the defendant was or vehicle upon a public highway while knowing or having reason to know that such person's license or privilege of operating such motor operating a mot hicle issued by the commissioner is suspended, revoked or otherwise vehicle in this state or privilege of obtaining a license to operate such motor ve withdrawn by the commissioner. To Wit: On the aforesaid date, time and place, I observed the defendant operating a motor vehicle while his/her license was suspended or revoked. To Wit: Upon information and belief, on the aforesaid date, time and place, the defendant was observed operating a motor vehicle while his/her license was suspended or revoked. Supporting Deposition of complainant police of?cer is attached hereto and made a part hereof. Department of Motor Vehicles printout of defendant's driving record is attached hereto and made a part hereof. Subscribed and sworn to before me this 25 day of .. . 20 0?9 SIGNATURE Ci Captain [3 Lieutenant Sergeant r? DEPARTMENT, hassitli, timwa - COURT FELONY COMPLAINLAGGRAVATED UNLICENSED mu asauo . rm morer no case Ryan} no eunr DOOKH no 109Al> division lsection 1192 oi the Vehicle and Trains Law oi the state at New York a commits the oiiense cl aggravated unlicensed operation ci a motor vehicle in the third degree as delined in subdMSian one oi this section, and is operating a motor vehicle while such person has in amt to or more suspensions, imposed on at least to separate dates to answer, appear or pay a fine. pursuant to Subdivision 3 pi secuon 226 or 4a 0! section 5to oi the Vehicle and Trelhc Law oi the state at New Yolk El commits the ottense oi aggravated unlicensed operation oi motor vehicle in the third degree as deined in subdivision one ol this section, and is operating a motor vehicle while under permanent revocation as set iorth in suoparegregh twelve erpaiagragh to) ui' sutrdivrsion two oi section eleven hundred ninety-three cl this chapter Aggravated Unlicensed Operation cia Motor Vehicle inthe Second Degree ct in violation ci Section at tez oi the Vehide and Tratiic Law or the State oi New York, in that at the time and piece aloresaid me detendant ocmmitted the oitense oi aggravated unlicensed operation oi a motor vehicle in the third degree as dehned in suodivisen of this section and :i has previously been convicted oi an oliense that consists at or includes the elements comprising the oriense committed vrilhin the immediately piecedmg 18 months, or a the suspension or revocation is based upon a retusal to suoniit to a chemical tesl pursuant to section eleven hundred ninetyelour at this chapter, a tinding oi driving alter consumed alcohol in violation oi section eleven hundred ninety~iwnr a oi this chapter or upon a conviction tor a violation oi any oi the provisions 0! secllon eleven hundred nine|yrlwu oi this chapter: or the suspension was a mandatory suspension pending prosecution oi a charge violation oi section 1192 at the Vehicle and Traiic Lew oi the State oi New Yolk ordered pursuant to paragraph oisucdivision 2 oi section iisa oi the Vehicle and Law ol the State at New Yolk or other similar statute, or lj such person has in eheet 3 or more suspensions. imposed on at least 3 separate dates, tor ieiture to answer, appear or pav a iine, pursuant to sucdivieion 3 ct section 226 or Subdivision Ara oi section hi0 oi the Vehicle and Law oi the state or New Yolk Aggravated Unlicensed Operation ole MotorVenieie in the Third Degree (Misdemeanor) in violation oi Section at 14 oi the Venieie and Tranie de oi the State oi New Vorh in that at the time and place aloiesai'd, the deiendant was operating a motor vehicle upon a puuiic nighwav while knowmg oi having reason to know that such persons license or pnviiege oi operating such motor vehicle in this state or privilege oi a license to operate ,uch motor vehicle issued by the nommissionei is suspended revoked or otherwise withdrawn try the commissioner To w" an the aioresaid date, time and place. i ohseived the doiendanl operating a nintnr vehicle while his/her license was suspended or revoked To Wit Upon intermation and on ihe aturesaid date, dine and place, the deiendeni was observed operating a motor vehicle while hisitter license was suspended or revoked Supporting Deposition oi complainant police is attached hereto and made a part nereui Denailmenl oi ivlotor Vehicles ulihlcul ot deiendant driving team is attached and made a part hereof video and sritiin l7 iitilrw, 'flis 7 SicnlA'llNL 3 Captain r; tie. enunr a :Pigeeilil POLICE DEPARTMENT, COUNTY OF NASSAU, N.Y. PDCN 451-an7 INTELLIGENCE DEBRIEFING FORM FT NAME FIRST MJ. DATE OF BIRTH ERRES CASE NO. 19w?; Game?Arch o'b?bo OF BIRTH RACE CITIZENSHIP ?o 3A 1L. I 6 DOES THE INTERVIEWEE HAVE KNOWLEDGE OF ANYONE INVOLVED DRUGS -selling/buying/posseSSIon ID GUNS?selling/buying/possession BK CRIME BURGLARIESIPOSSESSION OF STOLEN PROPERTY CI GANG MEMBERS -- . CI CI TERRORISTAGTIVITY HOMICIDE AnyOtherCrIminaIActivity IF YES TO ANY OF THE ABOVE CATEGORIES, INCLUDE A NARRATIVE DETAILING KNOWLEDGE (Name. Address, Vehicle, Phone Number. etc. UNKNOWN FAIR POOR MEMBER PREPARING FORM FIRST SERIAL NUMBER COMMAND Mariam a? LIA. SM THIS FORM MUST BE E-MAILED OR FAXED TO ASSET FORFEITURE AND INTELLIGENCE AT: E-MAIL FAX: (5'16) 573 - 5780 RELIABILITY: GOOD C.P.L. 5 710.30 NOTICE PEOPLE v. Salvatore Pane INDEX NO.: 2009M 0?0 ?7 (5797 A. Please take notice that pursuant to Section 710.30 of the Criminal Procedure Law, the People intend to offer at trial evidence of a statement made by the defendant to a public servant. Stewart AvelQuenlin Roosavelt. Garden City Date: 3/25/09 Approximate Time: 2:10 am Place: [3 Reduced to writing and copy attached. Oral. The Defendant stated, in sum and substance, that: I had only 2 beers. was a Nassau District Attorney, but left for Suffolk on January 6th. I work at Eastern District Court D46. Don't do this, I'm married and have a a kid and owe a hundred thousand dollars out in law school and my father died in 9?11-2001, named given (Chris Higgens) I had only 2 beers. I know Tom Souzzi and Steve Levy's my cousin. have both their numbers in my phone. The defendant stated that his name was Mikal Sachana, my birthday is 11/17/78. At approx. 03:55 hours, at CTS. the defendant said he had laryngitis. The defendant also stated that he doesn?t need a license, he has a driver. SEE ATTACHED FORM 38. Should the People learn of the existence of any further statements made by the Defendant to a Public Servant, the Defendant will be so advised and will be provided with a copy of any such statement. B. Please take notice that pursuant to Section 710.30 of the Criminal Procedure Law, the People intent to offer at trial testimony regarding an observation of the defendant, 1 either at the time or place of the commission of the offense or upon some other occasion relevant to the case, to be given by a witness who has previously identified the defendant as such as follows: Witness 1 Witness 2 Date: Date: Approximate Time: Approximate Time: Place: Place: Manner: I: Line-up Manner: Line?up Show?up I: Show?up Photographs l:l Photographs Dated the 26th day of March 20 09 KATHLEEN M. RICE District Attorney Served on the Defendant and the Court by A.D.A. Bradley/Scannell Nassau County District Court 99 Main Street Hempstead, New York 11550 DA-4254 4/95 Rev 1106 LE COUNTY POLICE DEPT ARREST REPORT - 209AR0005330 PANE, SALVATORE mas/2009705 EV 3945mm Pagc Stctar 323 Low 9 NOT REVIEWED I 1:30AMme Nam: PANE SAIVATORE mm nus/1932 NY NY Ag: 26 5005:>> memlslalus 5 us omis' 524427587NY Agency'fl 0521056 FEW Occunanon MORTAGE BROKER nuplow 'Schum AMERICAN MODIFCATYON AGENCY {6 WN 509 220 Eyes BROWN NONE Han SHORT STRAIGHT BLACK 5km LIGHT Poalurc ERECT Bufld AVERAGE Speech SLUKRED NORMAL Ears NORMAL Mouth NORMAL Teeny NORMAL Prob/mec/chat Pnurs S.M1/Clothg BLACK PANTS, BLACK SHOES. BLACK SOCKS. WHITE DPJESS SHIRT. YELLOW TIE mug ID How/By Ancste: 209AR0005330 Ancmamu (71-5734 Tm Arman 03731111190210 CRIME IN PROGRESS Anemu Dy BIENZ EDWARD 003 NY0290030 Hot: For Wm Nn'nl'mj ECAB ADA FORMICHELLI @0410 >4 STEW ROOSEVELT EAST GARDEN CITV Scum 323 Tim mm: 03/25/2009 02 So Pod/Ba: 15 8679JATAC sawdulcd Kama: Tum Ra!>>va How Rc'cmuu 82 F0 Whom 1 COUNTY POLICE DEPT ARREST REPORT - 209AR0005330 PANE, SALVATORE Printed (13/25/2009-05i53 By 3943BIENZ Page 2 Sector 323 Level 9 NOT REVIEWED OFFENSES 03/25/2009 02:05 1 DWI FELONY Occurred Where CHARLES LINDBERGH BLVD EAST GARDEN CITY Court FIRST DISTRICT NOBOND Return 03/25/2009 NCIC 5404 Warrant/Docket# 03/25/2009 02:05 51 13(1) AGG UNLIC IST (DWI) FELONY Occurred Where CHARLES LINDBERGH BLVD EAST GARDEN CITY Court FIRST DISTRICT NOBOND Return 03/25/2009 NCIC Warrant/Docket# 03/25/2009 02:05 AGG UNLIC IST (DWI) FELONY Occurred Where CHARLES LINDBERGH BLVD EAST GARDEN CITY Court FIRST DISTRICT NOBOND Return 03/25/2009 NCIC Warrant/Docket# 03/25/2009 02:05 NYS-VTL, 51 1.3(1) AGG UNLIC IST (DWI) FELONY Occurred Where CHARLES LINDBERGH BLVD EAST GARDEN CITY Court FIRST DISTRICT NOBOND Return 03/25/2009 NCI Warrant/DOCket# 03/25/2009 02:05 NYS-VTL, AGG UNLIC 18T (DWI) FELONY Occurred Where CHARLES LINDBERGH BLVD EAST GARDEN CITY Court FIRST DISTRICT NOBOND Return 03/25/2009 NCIC Warrant/D0cket# 03/25/2009 02:05 PENAL LAW, 190.23 FALSE PERSONATION MISDEM (B) Occurred Where STEWART OUENTIN ROOSEVELT EAST GARDEN CIT Court FIRST DISTRICT NOBOND Return 03/25/2009 NCIC Warrant/D0cket# 03/25/2009 02:05 NYS-VTL, 5] 1(1) AGGRAVATED UNLIC OP VEH 3RD MISDEM Occurred Where CHARLES LINDBERGH BLVD EAST GARDEN CITY Court FIRST DISTRICT NOBOND Return 03/25/2009 NCIC 5499 Warrant/Docket# 03/25/2009 02:05 1 FAIL TO SIGNAL LANE CHANGE VIOL Occurred Where CHARLES LINDBERGH BLVD EAST GARDEN CITY Court FIRST DISTRICT NOBOND Return 03/25/2009 NCIC 5499 Warrant/Docket# 03/25/2009 02:05 NYS-VTL, 509(1) UNLICENSED OPERATOR VIOL Occurred Where CHARLES LINDBERGH BLVD EAST GARDEN CITY Court FIRST DISTRICT NOBOND Return 03/25/2009 NCIC Warrant/Docket# 03/25/2009 02:05 NYS-VTL, SPD VIOL EXCEED PSTD SPD LMT VIOL Occurred Where CHARLES LINDBERGH BLVD EAST GARDEN CITY Court FIRST DISTRICT NOBOND Return 03/25/2009 NCIC 5499 Warrant/Docket/i COUNTY POLICE DEPT PHYSICAL CONDITION QUESTIONNAIRE 795] hr'mm mus/100170655 By uss4MAsDN m: 1 CORE DA TA D111: 12km rm" Taken BY Pvesuncd By 03/15/2009-0655 DETENTION DESK 6554MASON 55791ATAC 209AR0005330 3068 PAN 11/15/1932 Defendam Address Offens=s 511 1ST (DWI): 190 PERSONATION, 51 UNLIC 0P UNLICIST uNLIClsann; 11923(15F13Lybw1, mom/s91) VIOL EXCEED PSTD 5171) To SIGNAL LANE CHANGE Me You 1n Gnad Healtlfi mu You New A DoctorAny Injur1es?/ I How Rmwa #0 And How Much Avmhol Did You Conwmc? Vhat Drugs Du Yau Use/ when Last Used? JONE hm read mun: ochfendanl- we; Hm Any Appaxem lruuvms" ocs Dcfendam Appcern 3:117 Good manna dduiunn) Supmimr (mum, Trcalmem Dcmexnor m) ONE. . 6076 $3 5 mm: 0 Dash Officer a? Form 3313 ADM SM. yam COMMISSION OF CORRECTION Of?ce of Mental Health SUICIDE PREVENTION SCREENING GUIDELINES 21?. TIME D. same sex cars are HOS on; I A I 547$ )l?br g?ciz? #7 Cm 1: NAME OF FACILITY NAME OF SCREENIN ICER Detainee showed serious . .1 problems during [j 5 prior incarceration YES NO Check appropriate column for each question Column Column General Comments/Observations A All Responses Require YES Note to Document OBSERVATIONS OF ARRESTINGITRANSPORTING omcen I. . Arresting or transporting o??icer believes that detainee may be a suicide if YES, notify supervisor. No Family PERSONAL DATA Friends 2. Detainee lacks support of family or friends in the community. 3. Detainee has experienced a signi?cant loss within the last six months loss of job. loss of relationship, death of close family member). 4. Detainee is very worried about major problems other than legal situation serious ?nancial or family problems, a medical condition or fear of losing job). 5. Detainee's family member or signi?cant other (spouse. parent, close friend. lover) has attempted or committed suicide. Detainee has history of drug or alcohol abuse. (Note drug and when last used.) Detainee has history of counseling or mental health evaluation/treatment. (Note current medications and name of most recent treatment agency.) B. Detainee expresses extreme embarrassment; shame. or feelings of humiliation as result of charge! incarceration (consider detainee's position in community and shocking nature of crime). 9. Detainee is thinking about killing himself. If notify supervisor. 10a. Detainee has previous suicide attempt. (Explore method and check for scars.) b. Attempt occurred within last month. 11. Detainee is expressing feelings of hopelessness (nothing to look toiward to). 12. This is detainee's ?rst incarceration in lockup?ail. 13. Detainee shows signs of depression crying. emotional ?atness). 14. Detainee appears oveny anxious, panicked. afraidior angry. 15. Detainee is acting and/or talking in a strange manner cannot focus attention; hearing or seeing things which are not there). 16a. Detainee is apparently under the in?uence of alcohol or drugs. b. if YES, is detainee incoherent. or showing signs 'of Withdrawal or mental illness? If YES to both a b, notify supervisor? TOTAL Column A 4 my. Of?cer's Comments i Impressions ACTION . if total checks in Column A are 8 or more. or any shaded be): is cheoked, or if you Wemssary, notify supervisor and me constant watch. Supervisor Noti?ed: YES NO Constant Supervision Instituted: YES ., 5 NO EMERGENCY NON-EMERGENCY Detainee Referred to MedicaliMental Health: if YES: I YES NO medical medical mental health mental health Signature and Badge Number of Screening Of?cer: r" x? Medical/Mental Health Personnel Actions: (To be completed by medical/MH staff) AFFIDAVIT OF SERVICE STATE OF NEW YORK COUNTY OF SS: Re: People v. Salvatore Pane Indictment N0.: Elizabeth Sanchez, being duly sworn, deposes and says that: Deponent is not a party to the action and is over 18 years of age. On the 21St day of September, 2009, deponent served People?s Reply to Defendant?s Demand for Discovery, upon David Besso, Esq., 120 Fourth Avenue, Bayshore, New York 1 1706 address designated by said attorney for that purpose at the last known address for said attorney by depositing a true copy of same enclosed in a postpaid properly addressed wrapper, in an of?cial depository under the exclusive care and custody of the United States post of?ce department at the County Courthouse, Nassau County, New York. ?a I. r. . Child ls Ls Ellz'abePh Sanchez Sworn to before me this 21St day of September, 2009. Notary ublic a mm? .525 0% %mm m?b?m Ow 2mg Om Z>mm>d E08320 >55 mosoaom 33259: Zsaw?. 382-8 12mm Humome Om Him m?bgm 012mg 4&0; -mdem? m>r<>1HOWm Comosamb? --N mew?md me?50m GEES >noBoK memm: OQSQ Nam 05 0953 Wong 3385 292 40% 5-3 -m moo X/mx County Court, Nassau County 9? 262 Old Country Road Mineola, NY 11501 tel 516-571-2161; fax 516-571-1332 131.35.. I A. Cunningham, Esq. Chief Clerk FAX COVER SHEET To: Kathy Woods DMV From: Karen Holmgaard Date: April 14, 2009 Re; Salvatore Pane ll Fax 518-473-6597 Number of pages transmitted including cover sheet: 9 Kathy, If you need anymore information. Please feel free to call me at 516?571-2161. Thanks Karen Please take notice: This transmission is a privileged and con?dential communication by the Nassau County Court to an intended recipient. Any dissemination fo this communication is strictly prohibited. If you have received this communication and are not the intended recipient, please immediately notify us by telephone, collect if necessary, for instructions to facilitate the return of this communication. Thank you for your anticipated cooperation. 859782283 889787794 Li um mm 88978794 immwimmu 5m, mum, a, m, hm, NM vm 5mm; nap-"M 04 We. Vancqu 9787761 89787746 mm; mm mm: In wuwams can! wan. Imus: can: bum-J am; Am my. mums/II:er "ammomagnum. wnuwr mmNurms I r,_I Sung'bmh VI we PERSON DESCRIBED ABOVE Is CHARGED As FOLLOWS ABOVE '5 CHARGED '5 FELLOWS mm w. 2322115" 7w r, "'75 calm gagaxgafi 'f 4' "w 3 INmemm'Ouum ownosm ovvmowm D- sun/Myon I mm; W. I a I Inmx Inulna" a (H7557 am>> 7L'xi'bofifi') -- Tm om mom rwnovlu I I "mum .4 - I mm 3 A, avenue". I .cumwr I mom I 9 (175+ XL (n1. 'um BMW In I 35%rs3'3x lqu cuznminwnimwm cu mun/mmIlscumuLEnwntumm A's "mm: emuloym Qv-'Iqw OCummI gum. Ocu, OWN cum>> 0mm." 9mm'cwm. I 7' >3 mg, smuwmmum 7Movohowowm I mowowoww ur.su.2 Isms) um 2 Wm mva. 8897871305 839787735 WE mum: "mm mm" 'T'mt 52? 14V ADV Nu-- mb mu R, flax/7,7; mexem 777+ > cm": 7 0mm; my." ,M/am if>> (MA :77 7/ mom" g.,.v.vmm..EUR2miZN 93 72371723. _7 > A, mm W, 'v r, qUM-dndx 0 0 0 < MM WV ,r 0 11mm a. Y4 mkcounuslaw I I 7 A Olga-mOvnOomu I ow OWOWOWOW 7 A I om onsvowwomvo-m 7 i39787724 889787750 uY-su 2 (ems) uT-an 15m) New York State Department of Motor Vehicles ORDER OF OR REVOCATION seats a CONTINUATION OF DRIVING PRIVILEGES installs-t Name (Last. First. Ml) Date of Birth Year License Expires License Class Restrictions According to Section 1193 of the Vehicle and Traffic Law, your driver license will be suspended Drevoked . This order will allow you to drive, with the same limitations as your driver license, until your suspension/ (sentence (la?to plus 20 days) revocation starts. Y?u must have both parts of this order with you when you drive. If you do not have both parts of this order with you, you may be charged with a violation of the Vehicle and Traf?c Law. When the suspension/revocation starts, you do not have the right to drive unless you receive a conditional license. This order must be turned in before a conditional license can be issued to you. i 011 firth/?1192 (6108) (Signature of Judge or Clerk of Court) New York State Department of Motor Vehicles ORDER OF SUSPENSION OR REVOCATION PART 2 Gelnrisl Name (Last. First. MI) Date of Birth . . I I El Male El Female Number and Street Address Apt. Ticket Number (if unavailable, enter Docket Number) "chit A State Zip Code Driver License COURTNIOLATEON (Certi?cate of Conviction must be attached) Judge Name Violation Date Conviction Date .l ?l I .. I El Check if Youthful Offender Cede Vehicle Class (de?nitions are listed on the back of this form) I El Commercial Motor Vehicle low) Special Vehicle El All Others SQSPENSIDNIREVDCATDN According to Section 1193?2 of the Vehicle and Traffic Law, your driver license/privilege is: El Suspended for 90 days (conviction of 1192?1 ?rst offense only if not operating a CMV or Special Vehicle). 3 Revoked for at least Duration (Enter ONLY one of the options listed on the back of this form) l? This order will be effective on I because of your conviction of a Sentence date (sentence date or sentence date plus 20 days) violation of Subdivision _w of Section 1192 of the Vehicle and Traffic Law. DISCHARGE Is motorist sentenced to: El Probation - If sentenced to probation, how long is the sentence? El 3 years El 5 years Conditional Discharge Must the motorist obtain permission before applying for a license? Only applies if motorist is sentenced to probation. Yes El No If yes, do they need permission from: El Court El Probation Department El Both Must the motorist install an Ignition Interlock Device? Cl Yes No .. -nw? SURRENDER Has the motorist surrendered his/her license [3 yes N0 If you have not turned in your driver license to the court, you must turn it in to the Department of Motor Vehicles. If you turn in a temporary license, you must also turn in your photo license when you receive it. "Motodsrsi?h3l.ur.e_ w? I Signature of Judge or Clerk of Court MV-1192 (6/08) COPY 3: COURT 2a.: 5.: - c. .599. .5293 OOZOMIEZQ F22 Nmrbazm I 2.25m 22. F095. nOUm . a. .. .- Cym? 2.93m 25.32. maxmmq 20. 3.0:4 554m Ni 91533 ram.? mm: 03m um mid. . .zguui_ dzum 2.23 005m 3.qu a 3mm. ?aw 9.153 4mm UmmUOz hm0zm AN 2. r22 . _z .mmnjoz >20 0 a 042mm r22 AU 0 Guam?O 28 TU 3.50 0 0 AU 0 ummnr??oz . .2 Him uranm 424 $52 35 vaiu lbs?mam.sz 323.8 569. 2 ?5:54 I: .yzr. who; cumx?ox z>gm 3.2. O>4m Pn?rle?md 0320mm 5 a. 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LIOUIM 319A MQNJO 911213 911110 911110 u1-66 11011993 01 1111211911111 991 9111912 g) 1119919d 991111311111112191 p1112 311110np9p 191112 11011912 p91111119 9A0q12 9111111 111261 119120 312 p911sod9p S91110u1 9111 purg91 01 p910911p Aq91911 s1 >110}; AAQN 111233125110 1(1111103 911110 1911131291; 51111103 9111 (X) .LNVCINEIHEIG 11 911121 910112111123 600E 1011211 tusodacuo 91120 E9ZEQIOOZ =#1d190911 $1019.11 ?1su112812 - HEIGHO AMEN JO EIHL JO EFIJOCHJ CEIHL 110 AlelOC) MEIN JO 3.10 LHHOD ALNHOD "dam ?in .Iw. ansen County Distritt Court . Criminal Term Statement of Personm Pasting Cash Bail es required by CPL 520.15 subd. 2 A. Principal: TITLE: Peoplevefl 7 \Ci' I STA OFACTION: Arraignment Conference (17) Gruld Jury Trial Felony Sereening Appell Other NAME OF NEXT COURT APPEARANCE: DATE: PART: SURETY: SURETY: I'e Souk) Posting Bail: 1. NAME: 7 RESIDENTIAL ADDRESS: . OCCUPATION: \Ze'rl 2w "f AMOUNT OF MONEY POSTED AS CASH BAIL: *5 e; ?714 2 2. NAME: RESIDENTIAL ADDRESS: OCCUPATION: AMOUNT OF MONEY POSTED AS CASH BAIL: 1 having posted ml. bail, undertake the principll will appenr in the Ibuvc-mznfinned criminal action or proceeding whenever required and will at all times render himsel amenable to the order: and processes of the Court, the essh ball will be forfeited in the principnl dues nut eomply with any requirement or order of process to appear in Court I agree that if the above-named defendam is subsequently arraigned in a superiur court, then the bail posted in the local criminal court my be transferred in: the superior courtyin er nntine to use 5 ajwlm 9/ NOTICE "Principal" means a defendant in a criminal action or proceeding or a person Idjudged a material witness therein, in: any other person so involved therein that he may by law be eompelled to appear before a cam! for the purpose of having such sonrt exereise control over his person to secure his future nttendenee at the action or proceeding when required. and Mill in fret either is before the enurt for such purpose or has been before it and been subject to such controls CPL 510.10 subd. 1. Money posted as cash ball is and shall remain the property of the person posting it unless forfeited to the mart. CPL 520.15 subdl 31 mm t, DISTRICT counrpF-m NASSAU. COUNTY COMMITMENT DC508 Revised 631]] TO THE SHERIFF OF NASSAU other person having custody) You are required to receive and detain ?04 raffg f? I AKA HZ .322 32595'4 CHARGES: IS 6 11: SZATUS INDEX NO. 1. Mes-2?5. at 12f J) fer/WM97/- 3 ?03 IE El rye/aw 111' El ,1 5 3?7. 3*03 6 ?axSPECIAL ORDERS: Dated: Hempstead, New York This dayof .1 Wu- 1 I were all? i; :35 rem; rim: - 1' JUDGE I. If Ct?Kf?i??tCT COURT RECALL: Please prodt-J the aforementioned prisoner on the (m 31 -. WPSTEE Part 2 COMMITMENT WHITE SHERIFF YELLOW: it . day of .2039 (v Cicf?fDistrict Court RECALL: PINK- SHERIFF COURT CC 157 M3203 12/08 - COUNTY COURT, NASSAU COUNTY COURT ORDER FOR PRE- SENTENCE INVESTIGATION AND REPORT By order of the Honorable . .. . - r. #215513": it is ordered that the Probation Department of Nassau County conduct a pre-sentence investigation of the below named defendant and submit a written report to this Court pursuant to Section 390.20 and 390.30 of the Criminal Procedure Law. 1:1 Probation is directed to prepare a separate and specific Alcohol Drug screening and/or assessment section in their Pre-Sentence Investigation RepOrt?as mandated by VTL l98-a Pursuant to Vehicle and Traf?c Law section 1 198-a the defendant is: El ORDERED to submit to ?screening? for alcohol or substance abuse and dependency. ORDERED to undergo a formal alcohol or substance abuse and dependency ?assessment?. At liberty In detention VTL screening/assessment to take place in the Nassau County Correctional Center. f/j ft; . . Date Q/oti'it Clerk . . In. A I l. Defendant?s Name 359-." - 59 - m4? 2. Date ofBirth if r/r?f? 43?" 3. Alla 51:1 4. cc# 5' 5. 6:191?7?1 93?: fir-4f 3? ?i )1 -- a. Anv- . ,x 6. Convicted by Plea or [WErdict ofthe crimes of - "1 3"??va 5 5 ?rm #54 3 5/er I If a. 7. Date ofConviction .A "1&3 8_ Judge a. .. . 9. Date of Sentence 10. Name of Attorney - 1? - ?ex 1" {gafypg??mf Nk/ ?Rag (if; 55?? .57 TO DEF Defendant is directed to report immediately to the Probation Department at 400 County Seat Drive, south entrance, Mineola NY. If after 3:00 P.M., defendant is to report the following day at 9:00 AM. 1 1. Address ofAttomey 12. Telephone of Attorney Defendant is advised that pursuant to Section 60.35 of the Penal Law a person convicted of: [?felony?must pay a mandatory surcharge of $300.00 and a crime victim a?sistance fee of $25.00 a misdemeanor-must pay a mandatory surcharge of $175.00 and a crime victim assistance fee of $25.00 Forms of payment are money order or certi?ed check payable to the Clerk of the Court or cash. Defendant should be prepared to make payment at time of sentence. For Clerk?s Office use: here and enter date to indicate that copies of court documents were supplied to the Probation Department. Original - Probation Copy one - Defendant Copy two - Court ?le Copy three- COUNTY COURT, NASSAU COUNTY 262 OLD COUNTRY ROAD MINEOLA, NY. 11501 (516) 571-2183 A. Cunningham, Esq. Chief Clerk July 31, 2009 Marie Pane 4 Gaines Drive armingville, NY 1 173 8 Re: People of the State of New York vs. Salvatore Pane II IND 1593N-O9 To the above named surety: Pursuant to Section 210. 1(2) of the Criminal Procedure Law you are hereby noti?ed that the above mentioned matter, wherein you are the surety (depositor of bail), is scheduled for arraignment in the County Court before the Honorable Alan L. Honorof in Part 29 on August 5, 2009 at 9:30 A.M. ARRAIGNMENT TO TAKE PLACE BEFORE WALK-IN JUDGE GULOTTA IN PART 33 Yours truly, Donald F. Vetter Court Clerk Specialist COUNTY COURT, NASSAU COUNTY 262 OLD COUNTRY ROAD MINEOLA, NY. 11501 (516)571-2183 A. Cunningham, Esq. Chief Clerk July 31, 2009 Salvatore Pane II 450 Grove Avenue Patchogue, NY 11772 Re: People of the State of New York vs. Salvatore Pane II IND 1593N-09 To the above named defendant: Pursuant to Section 210.1(2) of the Criminal Procedure Law you are hereby directed to appear for arraignment relative to the above mentioned matter in the County Court of Nassau County before the Honorable Alan L. Honorof in Part 29 on August 5, 2009 at 9:30 AM. ARRAIGNMENT TO TAKE PLACE BEFORE JUDGE GULOTTA IN PART 33 Yours truly, Donald F. Vetter Court Clerk Specialist COUNTY COURT, NASSAU COUNTY 262 OLD COUNTRY ROAD MINEOLA, NY. 11501 (516) 571-2183 A. Cunningham, Esq. Chief Clerk July 31, 2009 David Besso, Esq. 120 4th Avenue Bay Shore, NY 11706 Re: People of the State of New York vs. Salvatore Pane II IND To the above named attorney: Pursuant to Section 210.1(2) of the Criminal Procedure Law you are hereby noti?ed that the above mentioned matter, wherein you are the attorney of record, is scheduled for arraignment in the County Court before the Honorable Alan L. Honorof in Part 29 on August 5, 2009 at 9:30 AM. ARRAIGNMENT TO TAKE PLACE BEFORE WALK-IN JUDGE GULOTTA IN PART 33 Yours truly, Donald F. Vetter Court Clerk Specialist ARLENE GONZALEZ-SANCHEZ, M.S., L.M.S.W. THOMAS R. SUOZZI Commissioner County Executive COUNTY OF NASSAU DEPARTMENT OF MENTAL HEALTH, CHEMICAL DEPENDENCY AND DEVELOPMENTAL DISABILITIES SERVICES Court Services Unit 5. Program, Community Count, Treatment Court 99 Main Street, Room L-41, Lower Level Hempsiead, NY 11550 Phone: (516) 5722460 Fox: (516) 572-2559 COURT DATE: May 6, 2009 TO: Presiding Judge From: STEP Program RE: Last Name: Pane First Name: Salvator Docket 007557/09 Mr. Pane remains engaged in treatment at the Kenneth Peters Center in Syosset. Per the agency update received on 5/4/09, the defendant continues to do well in treatment. All breathalyzer and toxicology results are negative for substances. He has been transitioned from intensive outpatient to regular track to acknowledge his progress. Jana: Janet [3nd, R.N., C.A.S.A.C. {Mirage/h Virginia Kor?feld, LCSW, CASAC Coordinator of Court Services 16:02 FAX LAW OFFICES LONG, BESSO, WERNER, JOHNSTON SULLIVAN, LLP 120 FOURTH AVENUE - SUITE ONE Jake E. Long? Jr. M. Tumincllo 'Gevid H. Ecseo, EC. BO. BOX 5591 Reg; P-C- BAY SHORE, NEWYORK 11706-0420 R. 631 766 Wimnm M. sum ac. 6316662500 Michelle 51mm maelstrom November 17, 2009 '1 Aiso Admitted in Florida mien itde in Comm?cut and Utah WA 516-571-1849 Honorable Alan L. Honoroff ?ounty Court of Nassau 252 Old Country Road ttltineole, New York 11501 ?tterrtion: Howard Sturim Re: PEOPLE v. SALVATORE PANE Ind. No. l?1593N-09 Bear Mr. Sturim: 0002/9002 1300 Third Street Suite 302-]! Naples, Florida 34102 W77 Wm M. Cromtjr omemseI Rat. N.Y.S. swam: Ct. $153102 Fm]: Ma?a of Camel Please accept this letter as a request to adjourn Setvetere Pane?s case which is presently scheduled for November 19,2009, until December 21, 2009. Thank you for your courtesy and cooperation with respect to the above. Very tr DA HE so: Lauren Nickerson, Esq. Assistant District Attorney STATE OF NEW YORK, COUNTY OF NASSAU PART 29 SUPREME COURT T: INDICTMENT 1593N-09 HON. ALAN L. HONOROF, Supreme Court Justice THE PEOPLE OF THE STATE OF NEW YORK, Kathleen Rice District Attorney Nassau County Mineola, NY 11501 -against- By: ADA Lauren Nickerson . David Besso, Esq. SALVATORE PANE, PO Box 5591 Bayshore, NY 11706 Defendant. Attorney for Defendant A stipulation in lieu of motions in the captioned case was executed and approved on September 8, 2009. Pursuant thereto, the court has inspected the grand jury minutes in camera and ?nds their release to defense counsel unnecessary to assist its determination that there are no grounds upon which to dismiss or reduce. CPL First, the evidence presented was legally suf?cient to support each of the crimes charged. CPL 210.30. Further, the grand jury proceeding was not defective; proper legal advice and adequate instructions were given by the assistant district attorney. CPL 210.35(5) and Finally, the indictment conforms to the requirements of CPL Article 200. Hearings as stipulated, will be conducted on a date to be agreed upon by the attorneys for the respective parties. Also on consent, a Sandoval hearing will be held on the eve of trial. ENTERED an ENTER L. WOROF, J.S.C. Dated: November 17, 2009 pane-gj-dec RUN ass?giiw aaua? mm REQM GEE: MQLE MHITE Di? GH m! . . TIME JUEGE EISPQEI7EEN NEXT QPF ..-.. 4?4} $1 Immi?wammw gmwe?wcimw m. on?r-vr?nuin?? MUM IXQKHE HT ETAT G?f??fi? Q?f??il? cha EFEL nwa: VEH HHS EFEL a? 3 I PEREGN 0K TURN in? MI: HGN. JCHN L. my: (15% JHEGE ygma muT; TEHE RET: 53' ?if? '32" . 1?2" i=5- 132? w?E' 15? 'Ei' ?r "ii- ?35* ii 41- *rl?i- ?zi- . IN QBUHTE .- nanny?mm." QBURT MUN If?fmw? If?f?? ET EQND Q?f??fl? ECH G?f?gfl? UNIS UNLIQ BREEH cmumvv QGURT mm w;r ?f?f?:x?EE a?mm REQH NS 3 i?N? mama El EEK: WHETE ig?g?l?? AM GM ni-IH mun-nu: nu --. .- NEXT ?Pp um QPPEQQ TIME JUEGE . I Em 53/3_/s BBNB .. L. m- 4 no. ?nu??Hg, 1w . .m I??l?w?m?g um um mu anal-nu ala- uu M. I-lm If?rN?? 31 um us. -4- um mum.- m-k? mu- IESJND BAIL ?Ef??fi? G?f??fi? QHCS ENAI BF END EFEL QEE. PEREQM Gf 1i?. EFHL . SP 1 B?i? EWO. Vl? LGQ i? 3Q.GJ TUEM HON. JOHN QUBQE TEME QUT: TEHE HET: urn?. IN UTHER ?nl-Mwnv- v. new.? u? MUH HEMQNQEE if?fw? ST BAIL CQUHT DSEN RELEASE G?fg?fl? UNLIC 3W UFEE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU CRIMINAL TERM THE PEOPLE OF THE STATE OF NEW YORK, . against -'lndictmentf Tn I a Defendant. Date: I ADJOURNMENT REQUEST: I, CI The People request an adjournment to: . The Defendant requests an adjournment to: :7 . El Both Parties consent to an adjournment to: . The reason for the adjournment is: PARTIES PLEA AND SENTENCE POSITIONS: Cl The People?s El recommended, conditioned, plea and/or sentence offer, if any, is: El The People's previous recommended, conditioned, plea and/or sentence offer is withdrawn. CI The People?s current El recommended, conditioned, plea and/or sentence offer is: The Defendant's plea and sentence position, if any, is: x? Assistant District Attorney {?3'ka . Defense Counsel: VH9 15/k COMMWM NT, IF ANY: Judge Defendant's acknowledgement of right to be present: I understand that have the right to be present in court at any proceeding, including a hearing and trial. I further understand that if I deliberately fail to appear (or if I am in jail and deliberately refuse to be produced in court) when required, that will constitute a waiver of my right to be present and the proceedings, including hearing and trial, can go forward in my absence. I will also, in my absence, be subject to an adjudication for contempt of court, and, if I am on bail, forfeiture of the bail and prosecution for bail jumping. Defendant: . Defense Counsel: M-3514 DC 15 Revised 1/06 DISTRICT COURT OF THE COUNTY OF NASSAU THE PEOPLE OF THE STATE OF NEW YORK (1.9.31 937 587 I Docket No. 2 Seth/odor TCL VLQ - I The of idant hereby requests that the within matter be adj named to Part 9L, District Court, until the ay of Li {Vin ,20 nd waives any and all constitutional rights to a speedy trial as well as all statutory rights under 80.80 and 190.80 for the period of this adjournment. I am aware that if I do not appear on the adjourned date, a warrant will be issued for my arrest, any bail posted will be forfeited, and future proceedings, including hearings, trial and sentence, will be held in my absence and the District Attorney may also charge me with Bail Jum in . . Reafongfor Adjournment: I am the attorney for the above-named defendant. I have explained the above waiver to the defendant. I have advised the defendant of the adjournment date and the consequences of a failure to appear. The defendant has signed the above in my presence. I Attorney forgefendant Dated M-3514 DC15 Revised 1/06 DISTRICT COURT OF THE COUNTY OF NASSAU THE PEOPLE OF THE STATE OF NEW YORK -against- Cal No. - . . Docket No. - Salvatwa 7537 0?7 .. -x The defendant hereby re uests that the within matter be adjourned to Pa District Court, until the day of ?02? and waives any and all constitutional rights to a'speedy trial as well as all titatutory rights under and 190.80 for the period of this adjournment. I am aware that if I do not appear on the adjourned date, a warrant will be issued for my arrest, any bail posted will be forfeited, and future proceedings, including hearings, trial and sentence, will be held in my absence and the District Attorney may also charge me with Bail ijfdiigfor Adjournment: 1h) A @3913 watt a afar/cg Della ant I am the attorney for the above-named defendant. I have explained the above waiver to the defendant. I have advised the defendant of the adjournment date and the consequences of a failure to appear. The defendant has signed the above in my presence. Attorney?fdr Defendant Dated 576/?? ADJOURIEMENT REQUEST SUPREME COURT NASSAU COUNTY Chambers ALAN L. HONOROF PEOPLE or THE STATE or NEW YORK, V?against? . SCI NO. jib/17va Defendant I. I istriet Attorney) hereby requests that the within matter be adj oumed fo reason approved in advance by the Court a" I Attor?th/felf?befehdant . I (N I Date: 2 . District Attorney EON-GUST ODIAL DEFENDANT GEMENT I am not in custody and I am aware that my case is being adjourned to If I do not appear on my adjourned date, a warrant will be issued for my arrest, any bail posted will he ferfeitedj and future proceedings, including and sentence will be held in my absence and the District Attorney may also charge me with bail juyy?ag. I . I i I Attorney for Defendahf or Clerk as witness to Defendant's signature .- .- ADJOURMENT REQLIEST SUPREME COURT NASSAU COUNTY Chambers ALAN L. HONOROF ?oate or: STATE OF NEW YORK, NO. ~agamst~? ga/?ma efendant A - istrict Attorney) hereby requests that the within matter be adjourned for the following reason approved in advance by the Court SCREENING NO. Attorney for ?efendan a/z/Oa District Attorney DEFENDANT ACKNOWLED Grimm I am not in custody and I am aware that my case is being adj ourned to If I do not appear on my adjourned date, a Warrant will be issued for my arrest, any bail posted .- Will be forfeited, and future proceedings, including hearings, trial and sentence will be held in my absence and the District Attorney may also charge me with bail jump? Date: I Attorney for Defendant or data}: as Witness I to Defendant's signature STATE OF NEW YORK, COUNTY OF NASSAU SUPREME COURT T: HON. ALAN L. HONOROF, Supreme Court Justice PART 29 INDICTMENT 1593N-09 THE PEOPLE OF THE STATE OF NEW YORK, -against? SALVATORE PANE, Defendant. Kathleen Rice District Attorney Nassau County Mineola, NY 11501 By: ADA Lauren Nickerson David Besso, Esq. PO Box 5591 Bayshore, NY 11706 Attorney for Defendant The defendant?s motion to suppress certain evidence in the above?captioned case is denied in its entirety, based upon this court?s ?ndings of fact and conclusions of law as set forth on the record, at the conclusion of the hearing conducted on January 19, 2010. SO ORDERED. Dated: January 20, 2010 WERED m1. pan e-hrg-dec ENTER 42% AEAN Pagel Revised 12/07 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -sx THE PEOPLE OF THE STATE OF NEW YORK STIPULATION IN LIEU OF MOTIONS No. 7545/1? M2 against? Defendanthereby stipulated by and between the People of the State of New York, by the District Attorney of Nassau County, and the attorney for the defendant that: The District Attorney hereby waives the requirement that pretrial motions be made in writing pursuant to CPL 210.450) and (2) This stipulation shall be deemed an omnibus pretrial motion for the purpose (3) The District Attorn 1* a es?to provide the Court with a copy ofthe Grand Jury minutes in camera today, or on or before for the Court to review the minutes as to: the legal suf?ciency ofthie evidence to support the indictment Section 210.30]; the adequacy ofthe legal instructions to the Grand Jury Section and (0) other issues as Speci?ed herein: 1f the indictment, or any count is dismissed pursuant to CPL subdivision or the District Attorney requests leave to resubmit to the same or another Grand Jury (4) Defense counsel, based on the District Attorney?s Voluntary Disclosure and investigation in this case, requests, and the District Attorney consents to the following pre?trial hearings: Suppression hearing to determine whether the statements attributed to the defendant on page 1, paragraph ofthe People?s Voluntary Disclosure Form were involuntarily obtained within the meaningly??l: 60.45 to include the following issues: dvisement ofrights. [i?iobable cause. Might to counsel. 1:1 Other: El uppression he' ing to determine the admissibility at trial of any identi?cation testimony urt identification proceeding(s) noticed in the People?s Voluntary Disclosure paragraph 9, to wit: PageZ Revised 12/07 arrantless arrest sonable suspicion/probable cause Consen search Other: Supp ssion hearing to determine admissibility at trial of: Refusal to submit to Breathalyzer Test. El reathalyzer Test Results. Videotape. Other: yA Sandoval hearing shall be conducted by the trial court. (6) An audibility hearing of recordings intended to be introduced at trial shall be conducted by the trial court unless otherwise agreed to by the party against whom the tapes will be introduced. El (7) Other: (8) The prosecution agrees to deliver to the defendant by separate document(s) or orally upon the record all evidence favorable to the defendant, as required by Brady v. Maryland, 373 US. 83 and its progeny. (9) All discovery proceedings are to be had strictly pursuant to CPL Article 240 and CPL 200.95 demands for Discovery and Bill of Particulars). Only after statutory provisions are followed, and if issues remain, will discovery motions be entertained. (10) All additional and further motions (including, but not limited to, severance, improperjoinder, previous prosecution bar, etc.) will be governed strictly by CPL 255 .20( l) in that good cause must be shown for failure to raise such motions in a timely fashion. (l l) The parties hereby agree to the llo7?i timetable: Discovery completed by: . Motions ?led and heard by: CH 0rd" Trial/Hearing to commence: b3? 1l I, Assistant District Attorney: (Prim Name) Attorney for Defendant: (w a (Print Name) . 'i'gnarure} 00 (Ark-my (Phone) APPROVED AND SO ORDERED: DATE: cl (?ll 2636! Judge a <> as non- newer sYAn: an WNW 15w: 1: E'e'ifneifi'e'e'efiee "5 :1 a New Yurk 11/15/200; E: M: NFWVORK cuuw'r' roywcw Rmunr'm CHEMICAL YFSV Nassau Eiem 1' if) Iidwm'd Bienz depose and say mm on me 25 day of March Zufl? at sran-LAve/QuenmerelmuL I I . 1 me drwerabove wasarresled unachargeuf wnue In an mloxmated sandman ty yo Edwam BIenz Na 8943 I cummand 01 3an n'ez'feRe'IneE'reesoneMe grounds or me cfarqe based an me IoIlowmg facts Al the 1irne and place ufoccurrence, nepnnem, a ansnn PolIcc [he defendanr, Sulvamrc Pane defendant operating the vehicle In excess ofposled speed 1mm (VTL 111101)) and failed to svgnal a me change (v '1'163brrne unable to produce a dfiVers |1cense defendant Irad a odor of an alcoholic bevemgc on has brenrn 113d thodshoI waler as slurred Speech. spar pcxl'ormed 1mg pm admmisteled YOU HAVE BEEN ARRESTED FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. VWI you submrt ID a chemrcaI Iest of your Bream 7 Exaci wards used by anver Nu Thereaflev' me drlvev was warned as renews "You have been asked |o submu a chemicaI lesI Ifyuu reVuse Io suhmu In me Iast, or any ponan Iherenf' resuIt in the numedrare suspension and subsequent Dne year mInlmum revocanon ofyour drwer's Ireense or operanng prMIEgs wnemer or run yuu are round guIIty onne charges Iur you have been arrested 1n addition your relusaI In submn 11s a lesI' Dr any ponmn (hereuf' can be m|roduced as evIdsnce agams| you 51 any proceedmg or hearmg resulIing from the arrest" Wm you subrml I0 5 enenncal Ieswlyouv Elem" 7 Exam words used by driver" No P0 0150" Auspecrficloceuen) CTS 1n presence uI F0 Bien In admire", no chem-cal 135! Wis adminrstared pursuant la the requrremenks of section 11544 uf me Vehicle and Traffic Law. FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS MISDEMEANOR PURSUANT TO SECTION 21015 OF THE PENAL LAW. POUCE 0mm WW same WW 0R e) (k 394! 03 . 7111; (VI FAYF or 15:50 #175 mum) No MAIC :0 200'} 24 COURT Pursuant 1e SecIInn man 11 1 1, Avres'mg News a rerrcd 'o Jppcar er me 111$ Eepamnem of Mmur 'r/emdee 9m Amn Menu; Hearva RvaM'Gu'dM Curr i 1r vmore MCI is The Dnhcu noun Lrarsenonee ExIensmn 7m musIhe nonriea or unenqwo reanng Advcummz 11 BM He A'rnrnuwnLersn-numeu 11w 7 V, Manama: 7, 13 mesan _7 i 7 7, IWVHearqummn mm mm ,enuwns unnsseueI fifir 1n 1S1vm-1r1 nr rm C.P.L. 71 .3 TIC PEOPLE V. Salvatore Pane INDEX NO.: 2009NA GO ?7 {'99 A. Please take notice that pursuant to Section 710.30 of the Criminal Procedure Law, the People intend to offer at trial evidence of a statement made by the defendant to a public servant. Stewart Ave/Quentin Roosevelt, Garden City Date: 3,25/09 Approximate Time: E10 am Place: Ci Reduced to writing and copy attached. Oral. The Defendant stated, in sum and substance, that: i had only 2 beers. I was a Nassau District Attorney, but left for Suffolk on January 6th. work at Eastern District Court D46. Don't do this, I'm married and have a a kid and owe a hundred thousand dollars out in law school and my father died in 9-11-2001, named given (Chris Higgens) I had only 2 beers. I know Torn Souzzi and Steve Levy's my cousin. have both their numbers in my phone. The defendant stated that his name was Mikal Sachana. my birthday is 11/17/78. At approx. 03:55 hours, at CTS, the defendant said he had laryngitis. The defendant also stated that he doesn't need a license, he has a driver. SEE ATTACHED FORM 38. Should the People learn of the existence of any further statements made by the Defendant to a Public Servant, the Defendant will be so advised and will be provided with a copy of any such statement. B. Please take notice that pursuant to Section 710.30 of the Criminal Procedure Law, the People intent to offer at trial testimony regarding an observation of the defendant, either at the time or place of the commission of the offense or upon some other occasion relevant to the case, to be given by a witness who has previously identified the defendant as such as follows: Witness 1 witness 2 Date: Date: Approximate Time: Approximate Time: Place: Place: Manner: I: Line-up Manner: El Line?up i:i Show?up i:l Show-up Photographs I:i Photographs Datcd tha 26th day of March 20 09 KATHLEEN M. RICE District Attorney Served on the Defendant and the Court by A.D.A. Bradley/Scannell Nassau County District Court 99 Main Street Hempstead, New York 11550 DA-4254. 4/95 Flev. 1/06 am ls LIGDJifl'oVH-Wrifl'i TCUUN NASSRJ, NH. gar: REPORT OF REFUSAL TO SUBMIT To CHEMICAL TEST eaw ci 5 cow was mm uvan one nematan No we OFARRESY Salvalmc 1: 11/16/1982 -- 0220 mes; em; "mum 0325/2009 03m Elm XNM mmxnennen mm pen/meg," mm m: a new: else temtsesespnn New York 11/l6/7b08 no 7mm new 179?an Nassau Hempslead BienL i depuse and say that on tne day oi March 20 09 at Wm, the driver above was arrestea on a change at we in an lnloxlcalad E, while ts Impalled by tne use or drugs P0 Edward nienz Jena No 8943 'Cummand 03 . V- gmunds of the indicated charge based on tne l'al'owlng lacts 'Mywm mm mm Al the time and place oreecimenee, youl a Nassau County Police Officer, Ihc Salvalore Pane lliuneizittna 1r <: 7 mm 7 7 Mn.) net 7 ,i nitnm MENT. COUNTV 0F NASSAU, NEW VURK Cl MISBEMEANOR - COURT '3 FELONV COMPLAINT - AGGRAVATED UNLICENSED reenawo tome Makes: tut on no caseherosruo utml uoLKtl do 709AR5330 exert/T, *'Wr cot/Kt tie" ?5 6\ R3 rrzfihtoe tun: TD run; oars enernn'eue'v' 0220 03/25/2009 1'03ch COURT OF NASSAU COUNTV, FIRST PART THE PEOPLE or THE STATE 0; NEW VORK Salvatore Part: 0.8 Hilts/1982i, STATE OF NEW YORK COUNTY OF NASSAU miss Otfigct'fidmud fiflfi. Show No hetng duly sworn, deposes and says that he rs a member at the Poltee oh 2009 alabwt 0205 A.M PM andlhatonthe 25 naval, etglt in Fast Garden NY assau, State ot New Vont 5' EJERJL the detendartt the ofiEnse(:) at Aggravated Unlicensed Operation at a Motor Vehrcle tn the First Degree [Class Felony] 81 In vtotatt'on ol Sectton 5t t~3 or the Vehtcre and Tramc Law or the state at New York, tn that at the time and place atoresaid, the defendant; '2 commuted the otlense ot aggravated unttoensed eperat'ton ola rnotorvehtclern the second degree as provtded tn suhparagraph or (M at paragraph ufsubdivlston 2 olthtaseotton and was operattng a motor vehicle whtle under the trttiuence otatoohot or a drug to viotatioh ot suns Dr 2 3 El 4 solseehon ttez olthe Vehtcle and Trallte Law at the State otNew York cl the offense ct aggravated unlteertsed operatton ot a motor vehrole tn the degree as dehned tn one or this seetton, and rs operattng a motor vehtcte whtle such person has tn etteot to or more imposed on at least to separate dates tor latlure to answer, appear or pay a ttne, pursuant to 3 ol secltorr 225 or suborvrsen A-a otseet'tort 5th at the Vehtote and Tratnc Law at the State or New Vorlt, El commits the ollense olaggravated unlicensed otntotorvehtde tn the mud degree as defined tn one sectton, and ts operattng a motor ventole under as set lorth tn subparagragh twelve olparagragtt to) otsobdtviston two or section eleven hundred ot chapter. Aggravated Unlicensed Operatton at a Motor Vehicle tn the Second In vtolatton olSeotron ottez ol the Veht'ete and Trartto Law ol the stale nfNequrk, tn that at the ttrne and place aloresetd, the defendant the phense ot aggravated unlicensed opetallon ole mm: venrcte tn the third degree as defined -n suodtnsen 1 or seetrdn; and has previoustv heen otan ottense oter tnoludes the elements the the lmrnedtelely 13 months, or - the suspenston orrevoeatton is based upon a retusat tosuorntt to aohemtoat test pursuant tosectton eleven hundred ntnelyrtuurol chapter, a alterconsorned alcohol tn violatrcn otscotton eleven hundred ohapterorupon a fora vrolauon of anvol the provtstons ot sectlon eleven hundred at chapter, or the suspenslon was amandatory suspensron prosecutton ot a charge ota vtolatton or section t192 ol the Ventete and Trathc Law at me State or New York ordered pursuant to paragraph let 0! 2 ol seotton 11% ot the Vehtole and Tratho Law at the State of New Vorlt or other statute. or a such person has tn elteot 3 or more suspenstons, tmpused on at least 3 separate dates, tor tatture to answer, appearor pay a the, pursuant to 3 olseetton 225 or Asa otsectten 510 ol the and Law at the state at New ttortt. Aggravated Untteensed Operation afa MotorVehiete tnthe Degree (Misdemeanorl 0 ln vrotatton ol Secuon at -l or the and Trathc Law ot the state at New Vork, tn that at the and place atoresatd, the delendant was operatrng a motor vehtote upon a whtle khawlng or havtng reason to Know that such ttcehse or ot operatrng motor vehtete tn state or a ttcense to operate such motor vehtole tssued or the oornrnisstoner ts suspended, revoked or otherwtse by the Tu th On the aloresatd date. ltme and ptaoe, observed the detertdartt uperatthg a motor vehicle whtle hrs/her ltcense was suspended or revoked El To th Updn tnlormaltoh and better, on the aloresatd date, ltme and place. the defendant was observed uperattng a motor vehtcle whtle hrs/her lloense was suspended or Tevukafl t:l supporttno police orltoer ts attached hereto and made a parthereol ttepartntert n= Motor Vehtctes or derendant's teoord ts attached ttet era and made a part nereol ann sworn In relurern: we '35" 7 Will ell 7,7 7 10W) 7 W, 7 istn utte an tteutenont (R) iclqeant tettM l: COUNTY OF NASSAU Inter-Departmental Memo? DATE THE PEOPLE OF THE STATE OF NEW YORK FELONY 3'7 ?15 - against - .THIS CASE IS TRANSFERRED TO COUNTY COURT, NASSAU COUNTY, I: I - . HON. ?rfm .g FOR FELONY SCREENING CONFERENCE CALENDAR ON ?7 eff I THE . THE DISTRICT ATTORNEY AND THE DEFENDANT UNDERSIGNED, ACTING WITH THE OF COUNSEL, HEREBY REQUEST AND CONSENT TO THE ABOVE TRANSFER AND ADJOURNMENT TO COUNTY COURT FOR CONFERENCE. THE DEFENDANT HERE- BY SPECIFICALLY WAIVES HIS RIGHTS TO A SPEEDY TRIAL PURSUANT TO THE UNITED STATES AND NEW YORK STATE CONSTITUTIONS, HIS RIGHTS TO A SPEEDY HEARING PURSUANT TO CPL SECTION 180.80 AND TO A SPEEDY TRIAL PURSUANT TO CPL SECTION 30.30 FOR THE PERIOD OF THIS ADJOURN. MENT, AS WELL AS SUBSEQUENT ADJOURNMENT IN COUNTY COURT REQUESTED BY OR CONSENTED TO BY THE DEFENDANT OR HIS ATTORNEY OR OCCASIONED BY THE CONDUCT OF THE DEFENDANT. THE DEFENDANT HEREBY CONSENTS TO EVERY FURTHER ADJOURNMENT OF THE CASE THAT MAY TAKE PLACE IN COUNTY COURT UNTIL SUCH TIME AS HE DEMANDS A FELONY EXAMINATION EXCEPT THOSE TO WHICH HE SPECIFICALLY OBJECTS EITHER ON THE RECORD OR IN A WRITING FILED WITH THE COURT ON OR BEFORE ADJOURNMENT DATE. THE DEFENDANT FURTHER SPECIFICALLY WAIVES ANY RIGHT HE MAY HAVE TO HAVE THE CASE PRESENTED TO A GRAND JURY PURSUANT TO CPL SEC- TION 30.30 IN THE EVENT THAT HE FAILS TO APPEAR ON ANY ADJOURNED DATE 0R ABSCONDS FROM THE JURISDICTION OF THE COURT. THE DEFENDANT AGREES THAT THE FOREGOING WAIVER APPLIES NOT ONLY TO THE CAPTION FELONY BUT TO ALL OF THE FOLLOWING MISDEMEANORS WHETHER OR NOT THEY ARE TECHNI- CALLY RELATED TO THE FELONY Y-.- A KATHLEENM. RICE Dcrqua?At-ii? A District Attorney .- v/ x1 BY - Assistlant District th?'r?hejif \h FOR OFFICE INFORMATION ONLY The defendant has been held for Grand Jury after WAIVER. The defendant has been held for Grand Jury after HEARING. DA-3327. 3/79 Rev. 1/83 $1 KATHLEEN M. RICE DISTRICT ATTORNEY, NASSAU COUNTY VOLUNTARY AND DEMANDS Defendantgs! Court Docket Number(s): SALVATORE PANE 1593N09 DISCLOSURE (CPL ART. 240) (I) Counts and/or Charggz Approximate Charges Date Time Place 1 1192.3, 511.3, 51 1.2 (2counts), 190.23, 1180D, 1163D, 509.1 03/25/2009 0:250 Charles Lindberg Blvd, East Garden City Arrest Information: 03/25/2009 02:20 Stewart Ave/Quentin Roosevelt, East Garden City (2) The following statements were made by the defendant, or by any co-defcndants to be tried jointly, other than in the course of the criminal transaction, to a public servant engaged in law enforcement activity or to a person then acting under his direction or in cooperation with him: and the People intend to offer such statements as evidence in chief at trial: Defendant Date Time Place Type Sum and Substance I was a Nassau DA but I left for suffolk on January I work at Eastern District COurt D46. Don't do this i am married and lhave a kid and owe 100k out in law school and my fatehr died in 9-1 1-2001 nammed Chris Higgens. I only had two beers I know Tom Souzzi and Steve Levy's my cousin and I have both their numbers in my phone. defendant also stated that his name was Mikal Sachana DOB 11/17/78, and again stated this even after he was warned that giving a false name and DOB was a crime 03/25/20 09 02:10 POA Oral I have laryngitis, I don't need alicense, I have a driver. Defendant also stated that he had nothing to drink and does not drink alcohol. 03/33/20 post arrest CTS Oral (TYPE) 1 (4) mama (5) (6) (7) The following written reports or documents, or portions thereof, concerning physical or mental examin- ations, or scienti?c tests or experiments, relating to this case, which were made by or at the request or direction of a public servant engaged in law enforcement activity, or by a person whom the People intend to call as a witness at trial, or which the People intend to introduce at trial, are appended, unless otherwise noted in Section (13) of this form: Narcotics Report (FEB) Breathalyzer Certi?cation [1 Serology Report Performance Test Report Medical Examiner?s Report El CTS Logs Breathalyzer Report Fingerprint Report Ballistics Report Handwriting Analysis Physical Examination Mental Examination Other: The following property is in the possession of the People and will be made available to the defendant for inspection, photographing, copying or testing on a mutually agreed?upon date: Photographs Video (available for inspection and copying) Tapes Recordings (MDT available for inspection and copying) Property Obtained From Defendant or Co-Defendants Except as may be noted below, a review of the ?le in the of?ce of the District Attorney does not indicate that the People are presently in possession of anything required to be disclosed prior to trial to the defendant, pursuant to the constitutions of New York State or of the United States. The People are aware of their continuing duty to disclose pursuant to Brady v. Maryland. If, subsequent to the disclosure of the items specified above, additional items, which the District Attorney believes would be subject to disclosure under the provisions of this form, are revealed, such items will be disclosed, unless a protective order to prohibit their discovery would be warranted, in which case a writ- ing to that effect will be provided. 3 I..- mime-sf" :17 .1. cf.? A. Kaia?U?i I Exi?iz?' i? {11? Um?i?i? 1 3 F623: 1 HUN SETH: G?fi?fi? EEGUHING APPEAR: 5N 3 {3 Hi?? HQ VEQ EDQGIWEB ?1 EQG A gasp-x Ir" DEE: llfi?/E? EEK: MALE RACE: WHITE NYEXEE: 1E3?%i?? Ch?mm: E?r GM Hu -I- Fm? Tl?? JHBGE NEXT TVPE can mud?a hib?M-i?u-i?-HHI-h?- ?unhumvn HUM If?fm?? IKEXNH DT ETQT HUME B?lh QDUHT G3EGEEIQ AMQC EFEL VEH ENE EFEL UMLIC GP 1 EWQ.EE.GQ FALSE OI TURN V35 557/- 32 #715135? {7mm ?ee faz/yc-w if? gafyamf, V74- I ffaaf' .r 473%; ?rs-22W .17? 2% x3:- ?ami?w ?qu'fwv? awayg? pry-"JUDGES (jg/M" Cmme a 1:425 HUT: TI HE '59:?ng Tr - .a?a?amu?o-H q-ru-u-u?uu-nm?nnmn ?DH-film? Pro-n-Hn-u-ul-n-tn? IN .mF?p-g?q??q ".qu n- MUM EIEINQ EQNB BEEN ECH RELEQEE EQTE: ??fg?fiG UMIE GE UNLIG GP New York SYNC Depmlmeul In VchIcIcs NOTICE OF TEMPORAFIV SUSPENSION AND NOTICE OF HEARING (Section "94 Of Vehicle 5 Traffic Law) B01k5xdzs, Pimur' DISTRIBUTION you>> (4) mm n/'mn farm (mom WWI, Distribute rnIInws- om (J I copy In mami'(mes!ng ammo, and mail one (1) copy, with a copy loe Pollce Chemical Test RefusalRepDIr to the Heparin! cm of Motor Vehicles, SAFETVHEA RING BUREAU, 6 Empire Slate Piaza, Albany, New York 12223-0312. Inns: - I nun/a Nan Io I mums"? Km IE MI DaIeflIsI/nri @9417, @827, gm" El Fem - mm 66'? unmoaI MESH I Dnnornlleged Refusal Acres;qu 3 Helix Gum/J"; 3min; 6164 :9;le NC (3A Ae'egmnyeNuIbo can) [may momma": Gamma/m- oan . I my mg? Dlsibfit1 ?11439" amm LIcsnsel'umeaIn? "05755 Enema 9 ATTENTION: Ymu driveI (or dm'mg pin/liege II you don'l New Slate) bean lumpuranly xuspended by me can" lor onII nileged Ion .il (0 submn chenucni Iasi (Section "9472 of me VeIncIe Traffic Law] Th: Is airecuye on me .nmignmeni dine shown unoya. anon sux'pensiml and Ii clay: or on the whicheveI comes InsI Howmn funher noIIan you, home be Inken by me Vehicles on ma um nuns heul'mg Bring this notice wiiII you to the hearing, You my have In attorney IanI you a! me hearing and you pitpmed piesen! an evidence and wunaasas In anIr me hemlng II you need special accommodations (such as a hearing slle,oyi1you are hearing-Impaired), please oonIaeI me SaIer Hearing Bureau as soon as oeiore the hearing. II you are hearing- paired, we will provlde an Imerpmer at no charge. It is your to bring an English lranslalnr tn Ine hearing Iynu need one. This chemlcal lesl hearing ls independent DI the criminal cou" case charging you with DWI. DD not assume that a crlminal plea or dismissal in com! will aIfect {his hearing. If you do nm come to me hearing your absence be consldered your agreemeni lo waive the hearing. This will resull In revocation oI your license or driving privilege, VOLUNTARY WAIVER OF HEARING You may wam: hummg by sending a wnueII wnIyeI In: Safety Bureau or the Department of Mom. VoInoIey- IZ) veque'ri II mum. [no "they udz of mix ounce ATTENTION: MOTORIST AND ARRESTING OFFICER Yuu arc I0 nypanr In person II (Seaman I 194-2 or Vahmli: and mm: Law? bascd on me wiilmn mpon oi aim thi: named above Itfused submii [o a shaman MN the [Impose of Ihe annInII In drug comean hie/her blood, nnei bemg pIoperIy warned oI Ihe oomequences of IerIuing The heaving also deteiminc Ir (Ila Iiccnse aIlUllId he Icy quIu. The Officer should bI ing lhIs name Ind a may at [ht IequII report Io me hearmg, 1.3077 A 7, my 803 AXINN GARDEN QTY, NY 11530 Hnuimg mom mos) PAGE I OF 2 KATHLEEN M. RICE DISTRICT AT TORNEY OFFICE OF THE DISTRICT ATTORNEY NASSAU COUNTY 262 OLD COUNTRY ROAD MINEOLA, NEW YORK 11501 TELEPHONE (516) 571-3800 March 25, 2010 Hon. John L. Kase 262 Old Country Road Mineola, New York 11501 Re: People v. Salvatore Pane II Ind. No. 1593N-09 Dear Judge Kase: The Pe0ple respectfully submit the following memorandum in support of the People?s sentencing recommendation. On March 5, 2010, the jury returned a verdict of guilty for three crimes: Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, Driving While Ability Impaired as a Misdemeanor, and False Personation. All of the Defendant?s statements were lies, told to members of the Nassau County Police Department in order to avoid responsibility for the crimes he had committed. Some of these false statements concerned the Defendant?s identity and who he allegedly knew. Other statements were designed to elicit sympathy, citing one of the most devastating tragedies in American history as a reason why he should not be arrested. The Defendant?s false statements are consistent with the Defendant?s track record of displaying no accountability and no remorse. It is clear the Defendant has not learned anything from his arrests and convictions. In considering the appropriate sentence, the People urge the Court to consider the Defendant?s blatant disregard for the law and its consequences as he got rearrested during the course Of'thz's trial for driving to court with a revoked/suspended license. Moreover, during the pendency of this criminal action, the Defendant made no attempt to clear the various suspensions and revocations on his license. Rather, the Defendant elected to continue to drive anyway, fearing not the consequences of his actions, nor understanding the seriousness of the offense committed. To the contrary, the Defendant?s continued behavior displays his arrogance and contempt for the criminal justice system. Below, the People have outlined the Defendant?s prior DWI conviction for your Honor?s consideration: CONVICTION ONE SEPTEMBER 2001 On September 6, 2001, the Defendant was arrested in Suffolk County for Driving While Intoxicated as an unclassi?ed misdemeanor. After a chemical test of his breath, the Defendant?s blood alcohol concentration was determined to be in excess of . 10 of After a plea bargain, the Defendant pled guilty to Driving While Ability Impaired by the Consumption of Alcohol as an infraction. The date of the plea was December 17, 2001. CONVICTION TWO AUGUST 2003 At around ?ve o?clock in morning on August 2003, Suffolk County Police Of?cer Donald Britton observed the Defendant operating a 2001 Yamaha driving northbound on Nichols Road in Islip. The defendant had no registration and a revoked driver?s license. The Defendant then led the police on a ?high speed pursuit? in which force was necessary in order to remove the defendant from his The police needed to restrain the Defendant and forcibly place him to the ground in order to handcuff him. He was arrested on the felony charge of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree and for misdemeanor DWI in violation of VTL 1192.3. The basis of the suspension which triggered the Aggravated Unlicensed Operation charge was from the prior driving while impaired conviction in 2001. During his arrest processing, the Defendant was offered a breath test but he elected not to take the test and accept the license suspension/revocation associated with the refusal. The Defendant manipulated the system. He knew the breathalyzer reading would be used against him in court to confirm his level of intoxication after his ?rst encounter with the law less than two years prior. This time he thought it would be in his best interest to play games with the police and refuse to take the test. After a plea bargain, the Defendant ultimately pled guilty to the misdemeanor DWI in satisfaction of all charges before the court. CONVICTION THREE MARCH 2009 In the instant matter, the People urge the Court to consider a number of pieces of evidence in determining the proper sentence. The defendant?s license and privilege to drive in this state had been revoked or suspended on six prior occasions. A PBT in this case was administered at the scene of the crime and the Defendant?s BAC was determined to be In devising the appropriate sentence, the People urge the Court to consider the reality that the Defendant was driving his automobile with a revoked license and with a BAC greater than twice the legal limit. The Defendant?s actions speak louder than any of his false words and demonstrate his lack of regard for the law as well as the lives of all other citizens on the road. When ultimately stOpped and investigated for driving while intoxicated, the Defendant continued telling the police stories about how he was an Assistant District Attorney in Nassau and Suffolk County and how he knew Tom Suozzi. He further stated that Steve Levy was his cousin and that his number in his cell phone. During the course of the arr-est processing, the Defendant stated that he was going to flee to Italy. While on the phone with his mother at CTS, the Defendant stated that he was ?busting out of here? and that she should get $50,000 together. Once again, the Defendant attempted to manipulate the system and once again he refused to take a chemical test of his breath when asked to do so. After all, the Defendant?s license had already been revoked on numerous occasions. Thus, in his mind, there was no harm in having his license suspended and subsequently revoked once again. These prior suspensions and revocations never stopped the Defendant from driving. This new suspension did not deter him either. The Defendant continued to drive even after this arrest as evidenced by the crime he committed during this trial. The Court should also be made aware of the fact that the Defendant and his company, AmeriMod, are also being investigated by the Attorney General for improperly charging upfront fees and using false advertising to entice troubled homeowners to pay for the ?rm?s services. Defendant is the owner of AmeriMod and Attorney General Cuomo has stated that the investigation of the Defendant?s ?rm ?has already uncovered many troubling practices.? (see A lawsuit in New York has been ?led against the Defendant and his company for a number of deceptive practices. There is also apparently a similar suit ?led against the Defendant and his company in the state of Maryland as well (see see also The People respectfully submit that after this third alcohol related offense, the Defendant should be finally be out. This was his third strike. Any driver who flouts the law, as the Defendant did, must receive a sanction that re?ects society's abhorrence for such sel?sh and arrogant behavior. The sanction must also serve to deter other drivers from similar, recidivist behavior. Any Defendant who will not learn his lesson through the experience of being arrested, processed, convicted, and punished on prior drunk driving offenses, must be made to learn his lesson by way of the full sentencing range available for the crime he stands convicted. The People respectfully submit that the Defendant's conviction for this third alcohol offense, combined with his utter lack of remorse and his utter refusal to stop driving despite the numerous revocations and suspensions of his driver?s license, deserves the maximum sentence of one and one?third to four years of incarceration. Such a sentence will re?ect the serious criminality of the Defendant?s behavior and address the serious threat that recidivist, reckless, drunk drivers pose to the citizens of Nassau County. The legislature continues to recognize the seriousness of vehicular crimes by increasing their penalties. Thus, the sentence in this case should echo the legislature?s intent. When an individual has his license and privileges to operate a motor vehicle revoked or suspended, they must not drive. Similarly, our densely populated community has a right to demand that its members are safe when entering a Nassau County roadway. Our mothers and fathers have a right to demand that their children are safe and will be returned safely when they go out at night. This sentence should leave no doubt of society?s serious approach to this recidivist crime and should help teach the Defendant that there are repercussions for repeated criminal activity. Respectfully, Jus 1n Kramer Assistant District Attorney CC: David Besso Attorney for the Defendant 120 Fourth Avenue PO. Box 591 Bay Shore, NY 11706 AFFIDAVIT OF SERVICE STATE OF NEW YORK SS.: COUNTY OF NASSAU Re: People v. Salvatore Pane? Indictment No. 1593N-09 Elizabeth Sanchez, being duly sworn, deposes and says that: Deponent is not a party to the action and is over 18 years of age. On the 26[h day of March, 2010, deponent served the within Memorandum in support of the People?s Sentencing Recommendation, upon: David Besso 120 Fourth Avenue PO. Box 591 Bay Shore, New York 11706 by depositing a true copy of same securely enclosed in a postpaid properly addressed wrapper, in an of?cial post of?ce box depository under the exclusive care and custody of the United States Government at the County Courthouse, Mineola, New York in said County of Nassau, that being the address within the state designated by them for that purpose upon the preceding papers in this action, or the last known place where they then kept an of?ce. . .-. EliZabe Sanchez Sworn to before me this 26?] of March, 2010IIr-w?g} I Ir: r! ?19m? I ?Notary Public New; men Eadaw?n oowm?hm?? View 302 $6252 Rom Essoo Bo Sm 3:300 sawmmz REESEN Sigma mug .2 meqmrmanmOmm m0 ZH EDQEOEEZ II .Ewwnomom a: mz ?M'Wra/ Dams-?" by ?mw?ldt CAI JClerk of the Court Wore Tit'e FOURTH COPY FORWARD TO CORRECTIONS COPY BOARD OF ELECTIONS UNIFORM SENTENCE I M4274 STATE OF NEW YORK Court Part (SUPREME) (SOUNTY) COURT. COUNTY OF: Court Reporter: PRESENT HON. *3 Superior Ct. Case The People of the State of New York Accusatory Instrument Charge(s) Law/Section Subdivision .V5. 1? 1. {his 7" I r" 2 - Defendant SEX DOB. NYSID NUMBER Criminal Justice Date(s) of Offense Tracking I l' THE ABOVE NAMED DEFENDANT HAVING BEEN CONVICTED BY PLEA OR El THE MOST SERIOUS OFFENSE BEING (Cl FELONY OR Ll] MISDEMEANOR OR VIOLATION lS HEREBY SENTENCED T0: Count Law/Section SMF. Hate Minimum Maximum EiDeiinite (circle D. Ni. Post-Release Crime Number Subdivision or Terror Period Term CIDeterminate (in years) Supervision t_ 5 2. yrs.- (DIMNIW _yrs [3 ?Counts 9? shall run CONCURRENTLY with each other El Count(s) shall run CONSECUTIVELY to count(s) El Sentence imposed herein shall run CONCURRENTLY with and/or CONSECUTIVELY to Conviction includes: WEAPON TYPE: and/or DRUG TYPE: Ci Charged as a JUVENILE OFFENDER - Age at time crime committed: years Court certi?ed the Defendant a SEX OFFENDER (Cor. (3 168d Cl Adjudicated a YOUTHFUL OFFENDER (CPL 720.20) Re-sentenced as a PROBATION VIOLATOR (CPL 410.70) Execute as a sentence of PAROLE SUPERVISION (CPL 410.91) El CASAT ordered (PL 5 As a Cl second second violent second drug El second drug/prior VFO Opredicate sex offender predicate sex offender/prior VFO second child sexual assault persistent persistent violent FELONY OFFENDER Paid Not Paid Paid Not Paid l} Mandatory Surcharge 5 0* Crime Victims Assistance Fee _7 Cl Ch Fine I 5:73" Cl Restitution Sex Offender Registration Fee El DWllOther I Supplemental Sex Off. Victim Fee 35 THE SAID DEFENDANT BE AND HEREBY IS COMMITTED TO THE CUSTODY OF THE: NYS Department of Correctional Services (NYSDOCS) until released in accordance with the law. and being a person sixteen (16) years or older-rig presently in the custody of the NYSDOCS. (the County Sheriff) (New York City Department of Correction) is directed to deliver the defendant to the custody of the NYSDOCS as provided in 7 Part 103. NYSDOCS until released in accordance with the law. and being a person sixteen (16) years or older and is presently in the custody of the NYSDOCS. said defendant shall remain in the custody of the NYSDOCS. Ci NYS Of?ce of Children and Family Services in accordance with the law being a person less than sixteen (16) years of age at the time the crime was committed County JaillCorrectional Facility Report received by Correctional To BE HELD UNTIL THE JUDGMENT or THIS COURT Is SATISFIED. ?mill/??5 Mm?: REMARKS: - ?Erragres?me? . Pre-Sentence Investigation Report Attached: El YES El NO SHOCK INCARCERATION recommended -- Order of Protection Issued: CI YES NO Cl Amended Commitment: Order of Protection Attached: Cl YES NO Original Sentence Date by Date Clerk of the Court Signature Title FOURTH COPY FORWARD TO CORRECTIONS COPY BOARD OF ELECTIONS C9051 UNIFORM SENT NCE 8. COMMITMENT UCS-854 (5r2008) STATE OF NEW YORK Court Part '7 (SUPREME) COURT, COUNTY OF: N4 Court Reporter: as,? a. #2er air)? PRESENT HON. VI Superior Ct. Case a; The People of the State of New York Accusatory instrument Charge(s): wrSection a Subdivision -vs- 1. i; 3H ?rso?nn?hm [3 i 95' L) ?zz?ft ?lms?? 2 Defendant 3. V71- P0 VI V72. 57:: I 4 9 SEX D.O.B. stro NUMBER Criminal Justice Date(s) of Offense '3 I 7? I 5 Tracking I I THE ABOVE NAMED DEFENDANT HAVING BEEN CONVICTED BY PLEA OR THE MOST SERIOUS OFFENSE BEING Cl FELONY OR CI MISDEMEANOR OR Cl VIOLATION IS HEREBY SENTENCED TO: Count LawISection 8. SMF. Hate Minimum Maximum CIDefinite (circle D. M. Y) Post-Release Crime Number Subdivision or Terror Period Tenn [IDs-terminate (in years) Supervision 1. yr: 2. yr: 3. (DIMIY) yr: 4. 5. Cl Counts shall run CONCURRENTLY with each other CI Count(s) shall an CONSECUTIVELY to count(s) Sentence imposed herein shall run CONCURRENTLY with and/or CONSECUTIVELY to Conviction includes: WEAPON TYPE: and/or DRUG TYPE: Charged as a JUVENILE OFFENDER - Age at time crime committed: years CI Court codi?ed the Defendant a SEX OFFENDER (Cor. 168-d Adjudicated a YOUTHFUL OFFENDER (CPL 720.20) C) Re-sentenced as a PROBATION VIOLATOR (CPL 410.70) El Execute as a sentence of PAROLE SUPERVISION (CPL 410.91) CASAT ordered (PL 5 6004(6)) As a CI second second violent second drug CI second druglprior VFO Dpredicate sex offender predicate sex offender/prior VFO CI second child sexual assault (3 persistent persistent violent FELONY OFFENDER Paid Not Paid Pald Not Paid CI Mandatory Surcharge 5 CI El Crime Victims Assistance Fee CI CI Fine CI CI Restitution :5 Cl DNA Fee Cl Sex Offender Registration Fee CI DWI/Other CI Supplemental Sex Off. Victim Fee THE SAID DEFENDANT 8E AND HEREBY IS COMMITTED TO THE CUSTODY OF THE: NYS Department of Correctional Services (NYSDOCS) until released in accordance with the law. and being a person sixteen (16) years or older presently in the custody of the NYSDOCS. (the County Sheriff) (New York City Department of Correction) is directed to deliver the defendant to the custody of the NYSDOCS as provided in 7 Part 103. CI NYSDOCS until released in accordance with the law. and being a person sixteen (16) years or older and is presently in the custody of the NYSDOCS. said defendant shall remain in the custody of the NYSDOCS. CI NYS Of?ce of Children and Family Services in accordance with the law being a person less than sixteen (16) years of age at the time the crime was committed. County Jail/Correctional Facility Report received by Correctional To BE HELD UNTIL THE JUDGMENT OF THIS COURT IS SATISFIED. REMARKS: Shield No. Pro-Sentence Investigation Report Attached: CI YES NO CI SHOCK INCARCERATION recommended Order of Protection Issued: El YES 0 NO CI Amended Commitment: Order of Protection Attached: CI YES CI N0 Original Sentence Date ?Nf/?iref 0 (Ctr-4N1}; by Was 45"?"457 waavts DaTe Clerk of the Court Warm Title FOURTH COPY FORWARD TO CORRECTIONS COPY BOARD OF ELECTIONS ?r UNIFORM SENTENCE COMMITMENT ucs-354 (5/2003) M6274 STATE NEW YORK Court Part (SUPREME) (COUNTY) COURT. COUNTY Court Reporter: PRESENT HON. I . Superior Ct. Case The People of the State of New York Accusatory instrument Charge(s) Law/Section Subdivision -vs- 1. or 2. . Defendant 3. -..- SEX D.O.B. NYSID NUMBER Criminal Justice Date(s) of Offense i Tracking I I THE ABOVE NAMED DEFENDANT HAVING BEEN CONVICTED BY PLEA OR El THE MOST SERIOUS OFFENSE BEING [Cl FELONY OR Ci MISDEMEANOR OR El VIOLATION IS HEREBY SENTENCED TO: Count Law/Section 8r 5MP. Hate Minimum Maxirnurn ODe?nite (circle tit, M. Y) Post-Releas: Crime Number Subdivision or Terror Period Term [JDeterminale (Iii years) Supervision 1. 2. m_ 3. qm?yrs 4. 5. Ci Counts shall run CONCURRENTLY with each other Cl Countts) shall run to count(s) Ci Sentence imposed herein shall run CONCURRENTLY with andlor CONSECUTIVELY to Ci Conviction includes: WEAPON TYPE: mm andfor DRUG TYPE: Ci Charged as a JUVENILE OFFENDER - Age at time crime committed: years El Court certi?ed the Defendant a SEX OFFENDER (Cor. 5 168-: Ci Adjudicated a YOUTHFUL OFFENDER (CPL 720.20) Ci Reusentenced as a PROBATION VIOLATOR (CPL 410310) El Execute as a sentence of PAROLE SUPERVISION (CPL 410.91) Ci CASAT ordered (PL As a second Cl second violent second drug 0 second diuglprior VFO Cipredicate sex offender predicate sex offender/priorVFO Dsecond child sexual assault El persistent Cl persistent violent FELONY OFFENDER Paid Not Paid Paid Not Paid [3 Mandatory Surcharge 5 Ci El Crime Victims Assistance Fee 3; Fine 5 El Ci Restitution Ci El DNA Fee [Si Sex Offender Registration Fee El DWI/Other 0 Supplemental Sex Off. Victim Fee 3; THE SAID DEFENDANT BE AND HEREBY IS COMMITTED TO THE CUSTODY OF THE: NYS Department of Correctional Services (NYSDOCS) until released in accordance with the law. and being a person sixteen (15) years or older not presently in the custody of the NYSDOCS. (the County Sheriff) (New York City Department of Correction) is directed to deliver the defendant to the custod of the NYSDOCS as provided in 7 Part 103. Ci NYSDOCS until released in accordance with the law. and being a person sixteen (16) years or older and is presently in the custody of the NYSDOCS, said defendant shall remain in the custody of the NYSDOCS. Ci NYS Of?ce of Children and Family Services in accordance with the law being a person less than sixteen (16) years of age at the time the crime was committed. minimum?. Order 0' I . I Protection 8. Pro-Sentence County Jail/Correctional Faculty Report received by Correctional Authority as indicated: TO BE HELD UNTIL THE JUDGMENT OF THIS COURT is SATISFIED. REMARKS: - '4 Of?ciaTFtaT??'DM" ??snoa No Pre-Sentence investigation Report Attached: Ci YES El NO SHOCK INCARCERATION recommended Order of protection Issued: YES a N0 0 Amended Cummitment: Order of Protection Attached: Ci YES Ci NO Original Sentence Date by a Date Clerk of the Court Signature Title FOURTH COPY FORWARD TO CORRECTIONS COPY BOARD OF ELECTIONS SUPREME COURT: COUNTY OF NASSAU STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK ?against- SALVATORE PANE, II, Defendant THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, accuses the defendant of the crime of OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AS A FELONY, in violation of Section I 192, Subdivision 3 of the Vehicle Traf?c Law of the State of New York, Driving While Intoxicated committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle while he was in an intoxicated condition. SECOND COUNT Han) AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE, in violation of Section 51 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating such motor I vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner, and the suspension was a mandatory suspension pending prosecution of a charge of a violation of section eleven hundred ninety-two of the Vehicle and Traf?c Law of the State of New York ordered pursuant to paragraph of subdivision two of section eleven hundred ninety-three of the Vehicle and Traf?c Law of the State of New York or other similar statute and the defendant was operating a motor vehicle while under the in?uence of alcohol or a drug in violation of subdivision one, two, three, four or ?ve of section eleven hundred ninety?two of the Vehicle and Traf?c Law of the State of New York. ?ew. lye-Hag]? 43364? "Twit; AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE, in violation of Section 51 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway I: while knowing or having reason to know that his license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner, and the suspension or revocation was based upon a refusal to submit to a chemical test, pursuant to section eleven hundred ninety-four of the Vehicle and Traf?c Law of the State of New York and the defendant was operating a motor vehicle while under the in?uence of alcohol or a drug in violation of subdivision one, two, three, four or ?ve of section eleven hundred ninety?two of the Vehicle and Traf?c Law of the State of New York. - ??mr??fu AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE SECOND DEGREE, in violation of Section 51 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued-by of ordered pursuant to paragraph of subdivision two of Section eleven hundred ninety-three of the Vehicle and Traf?c Law of the State of New York or other similar statute. FIFTH COUNT EEB It; swam) AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE SECOND DEGREE, in violation of Section 511.2 of the Vehicle Traffic Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his or her license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner and the suspension or revocation was based upon a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the Vehicle and Traf?c Law of the State of New York. SIXIUIWJUNT I If!? 5 AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictr?hent. further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE, in violation of Section 51 of the Vehicle Traffic Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating such motor vehicle in this state or privilege ofobtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner, and the defendant was operating a motor vehicle while under the in?uence of alcohol or a drug in violation of subdivision one, two, three, four or ?ve of section eleven hundred ninety-two of the Vehicle and Traf?c Law of the State of New York. -- Mia-H) AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE, in violation of Section 51 of the Vehicle Traf?c Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle upon a public highway while knowing or having reason to know that his license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner was suspended, revoked or otherwise withdrawn by the commissioner, and the defendant was operating a motor vehicle while under the in?uence of alcohol or a drug in violation of subdivision one, two, three, four or ?ve of section eleven hundred ninety-two of the Vehicle and Traf?c Law of the State of New York; this act of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE being separate and distinct from the act mentioned and described in COUNT SIX of this Indictment. EIGHTH COUNT elm?? AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE THIRD DEGREE, in violation of Section 511-1 of the Vehicle Traffic Law of the State of New York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, operated a motor vehicle upon a public highway while knowing or having reason to know that his license and privilege of operating a motor vehicle in New York State was suspended, revoked or otherwise withdrawn by the commissioner. NINTH COUNT than A cc.- AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of FALSE PERSONATION, in violation of Section 190.23 of the Penal Law of the State ofNew York committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County ofNassau, State ofNew York, after being informed of the consequences of such act, did knowingly misrepresent his actual name, date of birth or address to a police of?cer or peace of?cer with intent to prevent such police of?cer or peace of?cer from ascertaining such information, to wit: the defendant gave a false name to a police of?cer. fbmg-n. has" Lm 3.24%: AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of A VIOLATION OF SECTION 1 163-d OF THE VEHICLE TRAFFIC LAW OF THE STATE OF NEW YORK, committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, while operating a motor vehicle upon a public highway in the County of Nassau, failed to give the appropriate signal when changing lanes. x11, 7 T. ti?mcwx 1" AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of A VIOLATION OF SECTION 1 180?d OF THE VEHICLE TRAFFIC LAW OF THE STATE OF NEW YORK, committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County ofNassau, State of New York, did drive a vehicle at a speed in excess of 30 miles per hour which was the maximum speed limit which had been established pursuant to sections 1620, 1622, 1623, 1625, 1627, 1630, 1643, 1644, 1652, 1662a, 1663 and 1687. The said speed limit was not a school speed limit. foamy 1M Owes lw? - AND THE GRAND JURY OF THE COUNTY OF NASSAU, by this indictment, further accuses the defendant of the crime of A VIOLATION OF SECTION 509.1 OF THE VEHICLE TRAFFIC LAW OF THE STATE OF NEW YORK, committed as follows: The defendant, SALVATORE PANE, II, on or about the 25th day of March, 2009, in the County of Nassau, State of New York, did operate a motor vehicle, other than during the course of a road test conducted pursuant to the provisions of this article upon a public highway of this state, or upon any sidewalk or to or from a lot adjacent to a public garage, a supermarket, shopping center or car washing establishment or to or from or into a public garage or car washing establishment without being duly licensed pursuant to the provisions of this chapter. All of- the acts and transactions alleged in each of the several counts of this Indictment are connected together and form part of a common scheme and plan. Dated: July 30 2009 I Mineola, New York .711?, . I. i KATH ('Mf District Attorney PLEASE TAKE NOTICE that in accordance with the provisions of Section 240.30 of the Criminal Procedure Law, the People hereby demand that within ?fteen days of the date of service of this Demand, you disclose and make available to the District Attorney of Nassau County for inspection, photographing, copying or testing: any written report of document or portion thereof, concerning a physical or mental examination, or scienti?c test, experiment, or comparisons, made by or at the request or direction of the defendant, if the defendant intends to introduce same at trial ofthis action, or if the defendant has ?led a notice of intent to proffer evidence and such report or document relates thereto, or if same was made by a person, other than the defendant, whom the defendant intends to call as a witness at trial; and any photograph, drawing, tape, or other electronic recording which the defendant intends to introduce at trial. PLEASE TAKE FURTHER NOTICE that in accordance with the provisions of Section 250.20 of the Criminal Procedure Law, I hereby demand from you and each of you that if you intend upon the trial of this indictment to offer, for any purpose whatever, testimony which may tend to establish your presence elsewhere than at the scene of the crime or crimes with which you are charged, at the time oftheir commission, you must, within eight days from the date of service of this Demand, serve upon the District Attorney of Nassau County, and ?le with this court, a copy thereof, a "notice of alibi" which shall set forth in detail the place of places where you claim to have been together with the names, post of?ce addresses, residences and places of employment and the address thereof of the witnesses upon whom you intend to rely to establish your presence elsewhere than at the scene of the crime or crimes at the time of their commission. If at the trial of this action the defendant calls such an alibi witness without having served a notice of alibi pursuant to the demand, or, if having served such a notice he calls a witness not speci?ed therein, a motion will be made pursuant to the provisions of Section 250.20 of the Criminal Procedure Law to exclude any testimony of such witness relating to the alibi defense. PLEASE TAKE FURTHER NOTICE that pursuant to Section 710.30 of the Criminal Procedure Law, the People intend to offer at the trial of this indictment evidence of oral and/or written statement(s) made to a public servant pertaining to the charge set forth in this indictment. PLEASE TAKE FURTHER NOTICE that pursuant to Section 710.30 of the Criminal Procedure Law, during the trial of this matter, the People expect to introduce testimony identifying the defendant as a person who committed the offenses charged as set forth in this indictment, which testimony will be given by a witness (witnesses) who has (have) previously identi?ed the defendant. KATHLEEN M. RICE District Attorney Nassau County, New York IND. NO. SUPREME COURT: COUNTY OF NASSAU: STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK -against? SALVATORE PANE, H, Defendant KATHLEEN M. RICE District Attorney INDICTMENT FOR: OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, AS A FELONY AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE (FOUR COUNTS) AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE SECOND DEGREE (TWO COUNTS) AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE THIRD DEGREE FALSE PERSONATION A VIOLATION OF SECTION 1163-D, 1180-D, AND 509.1 OF THE VEHICLE TRAFFIC LAW OF THE STATE OF NEW YORK A TRUE BILLI Foreman -- If 3 )1101 MQN 6002 0S 51111 31391311 1(1u1103 11123s12N .91 .A 119319111 121175191 . 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