1 THE STATE OF NEW YORK BUFFALO CITY COURT 50 DELAWARE AVENUE BUFFALO, NEW YORK 14202 - - - - - - - - - - - - - - - - - - THE PEOPLE OF THE STATE OF NEW YORK Docket #CR-2372-18 -vsANSON WHITTED, January 14, 2019 Defendant. - - - - - - - - - - - - - - - - - - BEFORE HONORABLE DIANE Y. WRAY APPEARANCES: AMANDA RAIMONDI, ESQ. Appearing for the People CHARLES KATZ, ESQ. Appearing for the defendant PRESENT: ANSON WHITTED TRANSCRIPTION SERVICE: Kathleen S. Hume 46 Deerwood Drive Williamsville, New York (716) 688-1280 14221 Proceedings recorded by electronic sound recording. Transcript produced by transcription service. People of the State of New York vs. Anson Whitted 1 (Proceedings commencing at 10:57 A.M.) 2 THE COURT: Anson C. Whitted, CR-02372-18. 3 Mr. Whitted, we’re here for sentencing. 4 license? THE DEFENDANT: 5 6 license, ma’am. THE COURT: 8 THE DEFENDANT: 9 THE COURT: 15 16 17 18 19 2/13 in the A.M. I want to address an issue. I’d like to address you getting a THE DEFENDANT: Yeah, but that be impossible and I can’t -THE COURT: 13 14 All right. license. 11 12 I can’t afford to get a I’m still -- 7 10 No. Do we have a jail. I can just give you 15 days in If you’re okay with that, I’m okay with that. THE DEFENDANT: All right. But if we do that, I can’t do it today `cause I have my son -THE COURT: in the A.M. Then I’ll see you back here 2/13 Come with your toothbrush. THE DEFENDANT: 20 address my issue. 21 September 2011. 22 still even on the table? Now, hold on, Miss. I didn’t My issue was that I pled guilty in It’s now January. 23 THE COURT: It is. 24 THE DEFENDANT: 25 THE COURT: How is jail time You never -- How? -- spent it. 2 People of the State of New York vs. Anson Whitted 1 MR. KATZ: 2 THE DEFENDANT: 3 I know, but when do you get sentenced on a -- whatever -- whatever this -THE COURT: 4 5 You haven’t been sentenced yet. and you’ll be done. Well, I’ll sentence you right now Are you ready? 6 THE DEFENDANT: 7 THE COURT: No, I’m not ready. Well, then you either come back or 8 I’ll sentence you right now. 9 that you don’t want more time then -- 10 THE DEFENDANT: 11 THE COURT: 12 If you want to complain I don’t want jail time at all. Well, then that’s really too bad, isn’t it, because it’s up to me, not up to you. 13 THE DEFENDANT: 14 THE COURT: 15 license and then I’ll be happy. 17 If you want no jail time, go get a THE DEFENDANT: 16 ma’am. I can’t afford a license, I don’t have thousands of dollars. THE COURT: 18 I -- Do we -- you know what? I’m not 19 even right now going to go look to see if you have other 20 offenses because if you have other -- 21 THE DEFENDANT: 22 THE COURT: I don’t. -- offenses -- okay. Well, then I 23 never give somebody jail time between -- I’m not going 24 to give you jail time if you didn’t go out and re- 25 offend. 3 People of the State of New York vs. Anson Whitted 1 THE DEFENDANT: 2 THE COURT: 3 THE DEFENDANT: 4 6 CLERK: 7 THE COURT: 8 CLERK: 9 THE DEFENDANT: since 2018. Let me see the file. This is Mr. Whitted? No. THE COURT: 10 Oh, did we even -This is Whitted? last year. I didn’t say 2011. I said I said over a year -THE COURT: 15 THE DEFENDANT: 16 THE COURT: Okay. Well, I have -- -- going on a year. -- a choice. you jail time -- you want a fine? 18 THE DEFENDANT: 19 THE COURT: 20 THE DEFENDANT: Give me a fine. I can either give I -- I’ll take -- -- can give you a fine. -- a fine. No jail time. I’ll take it. THE COURT: 22 This has been going on What are you talking about since 2011? 14 21 Yes, I’m Whitted. All right. THE DEFENDANT: 12 17 And that’s why I’m like -- it been going on a year now. THE COURT: 13 I didn’t. Okay. 5 11 4 All right. This Court’s going to 23 give you a $200 fine. I will sentence you today. 24 will have a $200 fine and an $88 surcharge. That’s 25 $288. You have 30 You have 90 days for civil judgment. You People of the State of New York vs. Anson Whitted 1 days to appeal. 2 THE DEFENDANT: 3 THE COURT: 4 MR. KATZ: All right. Thank you. You are done. You pay that downstairs in this 5 building within 90 days. 6 THE DEFENDANT: 7 All right. 30 days to appeal. Who do I appeal to? 8 THE COURT: 9 MR. KATZ: Talk to your attorney. What do you want to appeal? 10 Mr. Goldberg pled you to the lowest level traffic 11 infraction or that you got the fine? THE DEFENDANT: 12 13 MR. KATZ: 15 THE COURT: 16 THE DEFENDANT: 17 MR. KATZ: 19 20 21 22 23 24 25 That That’s -- like who do I appeal to? 14 18 5 Erie County Court. Talk to your attorney. I am talking to him. Erie County Court. We’ll file an appeal for you. THE DEFENDANT: All right. (Proceedings concluded at 11:00 A.M.) * * * * * * * People of the State of New York vs. Anson Whitted CERTIFICATE I, Kathleen S. Hume, certify that the foregoing transcript of proceedings in the Buffalo City Court, State of New York, in the matter of: People of the State of New York vs. Anson Whitted Docket #CR-2372-18 was prepared using the required transcription equipment and is a true and accurate record of the proceedings. Kathleen S. Hume Hume Kathleen S. Hume 46 Deerwood Drive Williamsville, New York Date: April 11, 2019 14221 6