COUNTY COURT STATE OF NEW YORK: WESTCHESTER COUNTY THE PEOPLE OF THE STATE OF NEW YORK -against? INDICTMENT NO. 17-0758 EMMA FOX. Defendant. COUNT 1 WP THE GRAND JURY OF THE COUNTY OF WESTCHESTER. by this Indictment, accuses the Defendant, EMMA FOX, of the crime of VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE, committed as follows: The defendant, in the County of Westchester and State of New York, on or about October 9, 2016, did cause the death of another person, and did operate a motor vehicle in violation of subdivision three of section eleven hundred ninety-two of the vehicle and traf?c law and as a result of such intoxication did operate such motor vehicle in a manner that caused the death of such other person, to wit: Robert Schartner. COUNT 2' VTL1192 QUM WP THE GRAND JURY OF THE COUNTY OF WESTCHESTER, by this Indictment, accuses the Defendant, EMMA FOX, of OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, committed as follows: The defendant, in the County of Westchester and State of New York. on or about October 9, 2016, did operate a motor vehicle while she had .08 of one percentum or more by weight of alcohol in her blood. as shown by a chemical analysis of her blood, breath. urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article. COUNT 3 VTL1192 03 UM WP THE GRAND JURY OF THE COUNTY OF WESTCHESTER, by this Indictment. accuses the Defendant, EMMA FOX, of OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, committed as follows: The defendant, in the County of Westchester and State of New York, on or about October 9, 2016, did operate a motor vehicle while in an intoxicated condition. COUNT 4 VTL 1212 UM WP THE GRAND JURY OF THE COUNTY OF WESTCHESTER. by this Indictment. accuses the Defendant, EMMA FOX, of RECKLESS DRIVING, committed as follows: The defendant. in the County of Westchester and State of New York, on or about October 9, 2016. did drive or use a motor vehicle in a manner which unreasonably endangered users of the public highway. COUNT 5 VTL 1180 D01 WP THE GRAND JURY OF THE COUNTY OF WESTCHESTER, by this Indictment, accuses the Defendant, EMMA FOX, of DRIVING IN EXCESS OF MAXIMUM SPEED LIMITS, committed as follows: The defendant, in the County of Westchester and State of New York. on or about October 9, 2016. where maximum speed limits had been establish as authorized in sections sixteen hundred twenty, sixteen hundred twenty-two, sixteen hundred twenty- three, sixteen hundred twenty-seven, sixteen hundred thirty, sixteen hundred forty-three, 'sixteen hundred forty-four. sixteen hundred ?fty-two, sixteen hundred sixty-two-a, sixteen hundred sixty-three. and sixteen hundred seventy, did drive in excess of such maximum speed limits. All contrary to the form of the statute in such case made and provided and against the peace and dignity of the People of the State of New York. Isl ANTHONY A. SCARPINO, Jr. District Attorney of Westchester County NOTICE TO DEFENDANT OF INTENTION TO OFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement, if involuntarily made, would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statement made on or about October 9, 2016 at approximately 5:00 am. to a White Plains Police Of?cer in the vicinity of Westchester Avenue and Meadowbrook Road, White Plains. New York. In substance, the defendant stated: she was driving her car eastbound on Westchester Avenue from Silver Lake to her home in Rye when she took her eyes off the road to glance at her GPS for directions and felt her vehicle strike an unknown object. ANTHONY A. SCARPINO, JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains, NY 10601 NOTICE TO DEFENDANT OF INTENTION TO OFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement, if involuntarily made. would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statement made on or about October 9, 2016 at approximately 5:00 am. to a Harrison Police Of?cer in the vicinity of Westchester Avenue and Meadowbrook Road. White Plains. New York. In substance. the defendant stated: she was driving her car eastbound on Westchester Avenue from Silver Lake to her home in Rye when she took her eyes off the road to glance at her GPS for directions and felt her vehicle strike an unknown object. ANTHONY A. SCARPINO. JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains. NY 10601 NOTICE TO DEFENDANT 0F INTENTION TO OFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement. if involuntarily made, would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statementielectronically recorded made on or about October 9, 2016 at approximately 5:03 am. to a White Plains Police Of?cer in the vicinity of Westchester Avenue and Meadowbrook Road. White Plains. New York. In substance, the defendant stated: see attached disk (File Vehicular Manslaughter 4). ANTHONY A. SCARPINO. JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains, NY 10601 NOTICE TO DEFENDANT OF INTENTION TO OFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement, if involuntarily made, would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statement/electronically recorded made on or about October 9. 2016 at approximately 5:19 am. to a White Plains Police Of?cer in a patrol car. parked in the vicinity of Westchester Avenue and Meadowbrook Road. White Plains, New York. In substance. the defendant stated: see attached disk (File Vehicular Manslaughter 3). ANTHONY A. SCARPINO, JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains, NY 10601 NOTICE TO DEFENDANT OF INTENTION TO OFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement. if involuntarily made. would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statement/electronically recorded made on or about October 9, 2016 at approximately 5:22 am. to a White Plains Police Of?cer in a patrol car. parked in the vicinity of Westchester Avenue and Meadowbrook Road. White Plains. New York. In substance, the defendant stated: see attached disk (File - Vehicular Manslaughter 2). ANTHONY A. SCARPINO. JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains. NY 10601 NOTICE TO DEFENDANT OF INTENTION TO OFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement, if involuntarily made, would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statementlelectronically recorded made on or about October 9, 2016 at approximately 5:28 am. to a White Plains Police Of?cer in the vicinity of Westohester Avenue and Meadowbrook Road, White Plains. New York. In substance, the defendant stated: see attached disk (File - Vehicular Manslaughter). ANTHONY A. SCARPINO. JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains. NY 10601 NOTICE TO DEFENDANT OF INTENTION TO OFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement. if involuntarily made, would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statement/electronically recorded made on or about October 9, 2016 at approximately 5:27 am. to a White Plains Police Of?cer in the vicinity of Westchester Avenue and Meadowbrook Road, White Plains, New York. In substance, the defendant stated: see attached disk (File - ANTHONY A. SCARPINO. JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains, NY 10601 NOTICE TO DEFENDANT OF INTENTION TO OFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement, if involuntarily made, would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statementlelectronically recorded made on or about October 9, 2016 at approximately 6:39 am. to a White Plains Police Of?cer at White Plains Police Department Headquarters In substance, the defendant stated: see attached disk (File ANTHONY A. SCARPINO, JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains, NY 10601 T0 DEFENDANT OF INTENTION TL- .JFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement, if involuntarily made, would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statementlelectronically recorded made on or about October 9, 2016 at approximately 7:32 am. to a White Plains Detective at White Plains Police Department Headquarters. In substance, the defendant stated: see attached disk, labeled "Interview". ANTHONY A. SCARPINO, JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains, NY 10601 NOTICE TO DEFENDANT 0F INTENTION TO OFFER EVIDENCE PURSUANT TO SECTION 710.30 CPL Please take notice that the District Attorney intends to offer at trial evidence of a statement made by EMMA FOX to a public servant which statement, if involuntarily made, would render the evidence thereof suppressible upon motion pursuant to Subdivision 3 of Section 710.20 CPL. Oral statement/electronically recorded made on or about October 9, 2016 at approximately 10:10 am. to a White Plains Detective at White Plains Police Department Headquarters. ln substance, the defendant stated: see attached disk, labeled ?interview?. ANTHONY A. SCARPINO, JR. DISTRICT ATTORNEY WESTCHESTER COUNTY COURTHOUSE 111 Dr. Martin Luther King Jr. White Plains, NY 10601 DISTRICT FOR DISCOVERY AND INSPEQTION PLEASE TAKE NOTICE, that pursuant to the provisions of Article 240 of the Criminal Procedure Law, the District Attorney hereby demands that the defendant disclose and make available for inspection, photographing, copying or testing any and all written reports and documents, or portions thereof, concerning all physical and mental examinations, and scienti?c tests, experiments and comparisons, made by or at the request or direction of the defendant, if the said defendant intends to introduce such reports or documents at trial, or if the said defendant has ?led or will ?le a notice of intent to proffer evidence and such reports or documents relate thereto, or if such reports or documents were made by a person, other than the defendant, whom the defendant intends to call as a witness at trial. IT IS FURTHER DEMANDED, that the defendant disclose and make available for inspection, photographing, copying or testing any and all photographs, drawings, tapes, or other electronic recordings which the defendant intends to introduce at trial. IT IS FURTHER DEMANDED, that compliance with the requests for discovery and inspection contained in this FOR DISCOVERY AND take place within ?fteen (15) days of the arraignment herein, at a place to be mutually agreed upon by the District Attorney and counsel for the defendant. DISTRICT DEMAND FOR BILL OF PARTICULARS PLEASE TAKE NOTICE, that if the defendant herein intends to offer, for any purpose whatsoever, testimony which may tend to establish presence elsewhere than at the scene of the crime at the time of its commission, you are hereby required within eight (8) days after the service of this demand upon you, to server upon me, the undersigned, District Attorney of the County of Westchester, and ?le a Bill of Particulars which shall set forth in detail the place or places where the defendant claims to have been, together with the names, residential addresses and place of employment and addresses thereof of the witnesses upon whom defendant intends to rely to establish defendant?s presence elsewhere than at the scene of the crime at the time of its commission, Unless you serve and ?le such Bill of Particulars, in the event that such testimony is sought to be interposed by you upon the trial for any purpose whatever, or in the event that a witness not mentioned in such Bill of Particulars is called by you to give such testimony, a motion will be made to exclude the testimony of such witness. The District Attorney will furnish you with the name and address of any alibi-rebuttal witness(es) intended to be called by the People to testify. Very My yours, ?at-?71' ANIHONYA SCARPINO, Jr. DistriotAtlorney ofWeslctester County 111 Dr. Martin Lutheerg Jr. Blvd. White Plains, NewYork 10601