Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
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By Joe Latwin
80% of Life is Showing Up – Woody Allen in Annie Hall
Last week, Rye police arrested three people for credit card fraud. They possessed numerous credit cards bearing others’ names. None were from New York nor had any ties to Westchester. Under the bail reform laws, this was not an offense for which bail could be set. Accordingly, the three were released on their own recognizance. Today (Tuesday), they were supposed to come to court. If you guessed none of them showed up, you win! One of their assigned attorneys said his client was in California. If you bet that they never will show up in court, the odds are in your favor.
The person arrested for the sexual assault was also scheduled to be in court today (Tuesday) (see Suspect in Assault Familiar with Milton Road Area: PD Asks for Help). Since the crimes he was charged with were bail eligible, upon arraignment over the weekend, Judge Livingston remanded the defendant to the custody of the Westchester County Department of Corrections.
Today (Tuesday), that defendant was brought from the County Jail to the court. Not only did he get free transportation, he was given jewelry – handcuffs! But he was in court!
The District Attorney sent an attorney from the Special Prosecutions bureau. The defendant’s Legal Aid attorney was also present. Judge Piscionere re-issued the temporary order of protection replacing the handwritten one with a printed version. She gave the defendant his “Parker” warnings – that he had certain rights but if he failed to appear, he would forfeit those rights. The DA provided some discovery. The case was adjourned to July 18. The defendant waived his right to a felony hearing within five days of arraignment. No offer was made by the DA.
I suspect that because the defendant has other cases pending in Connecticut and Suffolk County, his attorney will try to work out a plea deal to cover all of the cases against the defendant. If no deal is reached, the DA can present the case to a Grand Jury. In either instance, the case will likely be sent to White Plains since the Rye City Court cannot hear a felony trial.
