Peo. v. Afet Appear (City)

STATE OF NEW YORK
COUNTY OF ONONDAGA SYRACUSE CITY COURT
)
THE PEOPLE OF THE STATE OF )
NEW YORK )
) DR NO. 21-170094
)
v.
)
) ARRAIGNMENT
VICTORIA AFET, )
)
Defendant. )
Criminal Courts Building

505 South State Street
Syracuse, New York 13202
DATE: FEBRUARY 19, 2021
BEFORE: HONORABLE FELICIA PITTS-DAVIS

Judge of the Syracuse City Court
APPEARANCES:
WILLIAM J. FITZPATRICK, ESQ.
District Attorney for Onondaga County
BY: SARA FITZPATRICK, ESQ.
Assistant District Attorney
ROBERT COVILLE, ESQ.

Attorney for the Defendant
Digitally recorded proceedings

transcribed by:
Lois A. Sadowski, Transcriptionist
PEO. V. AFET 2/19/21 2
MR. COVILLE: Judge I think I’ve got to change
floors, just to let you know that the next one --
they’re going to the next person Victoria. She’s the
one I did not have a chance to interview.
THE COURT: Okay.
COURT CLERK: Victoria Afet.
THE COURT: Good morning Ms. Afet.
MS. AFET: Good morning.
THE COURT: You said you did not have the
chance to speak with her correct Mr. --
MR. COVILLE: I did not Judge. And I don’t
know -- from the paperwork I got I only see (inaudible),
we’re still missing the victim’s names, I wouldn’t even
know who the victim is to talk to the client about
whether she’d be around him or how she knows the victim.
MS. FITZPATRICK: They’re strangers.
MR. COVILLE: There’s no affidavits or
documentation --
MS. FITZPATRICK: Yeah they’re strangers
though I’m not -- I’m going to be reserving on OP.
MR. COVILLE: Okay, thank you Sara.
THE COURT: Okay as to -- so Ms. Afet you have
been charged with robbery in the third. It is alleged
that on February 18th of this year at 753 James Street
you engaged in the following conduct. By intentionally

PEO. V. AFET 2/19/21 3
and forcibly grabbing $38.00 in cash from the alleged
victim, Janet Roshia out of her left hand and that as a
result of that taking forcibly you have been charged
with robbery in the third. You have also been charged
with petit larceny concerning the same incident in
regards to theft and also the violation of harassment in
terms of the physical contact against this alleged
victim. In light of that Mr. Coville, how does she
plead?
MR. COVILLE: Not guilty Judge, I’d waive a
further reading.
THE COURT: Thank you.
MS. AFET: Your Honor?
THE COURT: If you have a question about the
case, I would rather have you speak to Mr. Coville first
before you speak to me because anything you say is going
to be on the record and we want to be sure that --
MS. AFET: I want to say that it wasn’t me on
that --
THE COURT: Okay.
MR. COVILLE: I want you to talk to me by
yourself because you may say something that hurts your
case. Everything’s being recorded.
MS. AFET: Okay.
THE COURT: So what we can do is we can --

PEO. V. AFET 2/19/21 4
MS. AFET: Well all the stuff that happened it
wasn’t me.
THE COURT: Okay. Okay Ms. Afet?
MS. AFET: It --
MR. COVILLE: Stop talking for a second,
listen to the Judge.
THE COURT: Ms. Afet I’m not -- I’m going to
ask you not to say anything further, if you want to be
able to speak to Mr. Coville, whatever that you find
that you think is important for him to know, you can
speak to him and then as your advocate he will inform
the court. So I guess my preference is for you to be
able to speak with him, the court doesn’t mind taking a
brief break for you to do that. What’s the best way --
MS. AFET: He (inaudible) me, Your Honor --
THE COURT: Hold on a second for me, what’s
the best way to achieve that.
COURT CLERK: What happens with this
(inaudible) is everybody else is muted (inaudible) just
kind of leave theirs on full blast (inaudible).
THE COURT: Okay so what we’re going to do
given the floor that she’s on is we’re going to ask
everybody else to mute and the court will also mute and
then --
MS. FITZPATRICK: Judge I’m going to sign off,

PEO. V. AFET 2/19/21 5
I don’t feel comfortable just muting myself, I’m going
to sign off and I’m back on in five minutes.
MR. COVILLE: Sara, thank you Sara.
THE COURT: Okay so why don’t we take a two
minute break to allow them to have a conversation and
then we’ll come back on.
MR. COVILLE: Thank you Judge.
(RECESS)
MS. FITZPATRICK: (Inaudible).
THE COURT: We can hear you.
MR. COVILLE: We can hear you.
THE COURT: Now we can see you.
MS. FITZPATRICK: Great.
THE COURT: Great.
MS. FITZPATRICK: Beautiful.
THE COURT: Can we get some contact
information for Ms. Afet?
MR. COVILLE: Judge she is living at the
Rescue Mission right now, no phone number. And as the
charges go I did talk to her about them, she vehemently
denies them so we’re going to enter a strong not guilty
plea and waive any further reading Judge.
THE COURT: Okay thank you. Are any of these
qualifying?
MS. FITZPATRICK: Not by themselves Judge

PEO. V. AFET 2/19/21 6
however I’m going to make a argument that both charges,
the felony robbery second or excuse me, robbery third
involves identifiable harm to an individual as well as
her open assault second from August of 2020, therefore
the People would say that bail, monetary bail can be set
and we would be requesting it in the form of $15,000.00
cash, $30,000.00 bond, $50,000.00 partially secured
bond.
THE COURT: Mr. Coville?
MR. COVILLE: Judge she does tell me she’s a
life resident of Syracuse, there are no affidavits or
documentation I saw, all I saw was the complaints,
that’s an allegation of $38.00 that was taken out of
somebody’s hand Judge. I don’t know about the assault
case and I don’t have her rap sheet but clearly I think
that pre-trial release would be able to help her, keep
her on track would be the appropriate way to go with
this case Judge. She has services at the Rescue Mission
to help her keep in contact with pre-trial release
Judge.
THE COURT: I was going to do pre-trial
release in this matter. Make it a day for the felony
day calendar and who’s the other attorney that does
felony cases?
COURT CLERK: It looks like Ellie Schenck is

PEO. V. AFET 2/19/21 7
up next.
THE COURT: How do you spell her last name?
COURT CLERK: S-c-h-e-n-c-k.
THE COURT: Okay we’re going to assign you Ms.
Afet, Attorney Schenck, you are going to be given her
contact information, your next court date is March 1st,
what time?
COURT CLERK: 9:30.
THE COURT: At 9:30 a.m. We are requesting
that you reach out to your attorney and that you appear
for court on March 1st in whatever manner she informs you
that the court will be held. Did you say you were
reserving your right Sara to request at a further time a
order of protection?
MS. FITZPATRICK: Yes Judge, we’re going to
reserve today.
THE COURT: Okay.
MR. COVILLE: Your Honor can I ask was
Elizabeth Schenck, was she previously assigned?
THE COURT: I don’t know --
MR. COVILLE: Because I was --
THE COURT: -- who’s under -- can we find out
from the assault second?
MALE VOICE: It looks like she had Bill Balduf
representing her.
PEO. V. AFET 2/19/21 8
MS. FITZPATRICK: Bill Balduf, you can give
her --
THE COURT: Okay so I’m going to retract Ms.
Schenck based on Mr. Balduf being previously assigned on
the other case. So you will now be given information
concerning Mr. Balduf, Ms. Afet. Please reach out to
your attorney prior to the next court date of March 1st.
MR. COVILLE: She was shaking her head yes
Judge.
THE COURT: Okay thank you so much, have a
great day.
(END OF PROCEEDING)
C E R T I F I C A T I O N
I, Lois A. Sadowski, certify that the foregoing
transcript of proceedings in the Syracuse City Court of
Onondaga County, The People of the State of New York v.
Victoria Afet, DR No. 21-170094 was prepared using the
required electronic transcription equipment and is a true
and accurate record of the proceedings.
Signature: _______________________________________________
Address: 194 Bronson Road

Syracuse, New York 13219
Dated: March 30, 2021

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STATE OF NEW YORK

COUNTY OF ONONDAGA SYRACUSE CITY COURT

Criminal Courts Building

DATE: FEBRUARY 19, 2021

BEFORE: HONORABLE FELICIA PITTS-DAVIS

ROBERT COVILLE, ESQ.

Digitally recorded proceedings

MR. COVILLE: Judge I think I’ve got to change

floors, just to let you know that the next one --

they’re going to the next person Victoria. She’s the

one I did not have a chance to interview.

THE COURT: Okay.

COURT CLERK: Victoria Afet.

THE COURT: Good morning Ms. Afet.

MS. AFET: Good morning.

THE COURT: You said you did not have the

chance to speak with her correct Mr. --

MR. COVILLE: I did not Judge. And I don’t

know -- from the paperwork I got I only see (inaudible),

we’re still missing the victim’s names, I wouldn’t even

know who the victim is to talk to the client about

whether she’d be around him or how she knows the victim.

MS. FITZPATRICK: They’re strangers.

MR. COVILLE: There’s no affidavits or

MS. FITZPATRICK: Yeah they’re strangers

though I’m not -- I’m going to be reserving on OP.

MR. COVILLE: Okay, thank you Sara.

THE COURT: Okay as to -- so Ms. Afet you have

been charged with robbery in the third. It is alleged

that on February 18th of this year at 753 James Street

you engaged in the following conduct. By intentionally

and forcibly grabbing $38.00 in cash from the alleged

victim, Janet Roshia out of her left hand and that as a

result of that taking forcibly you have been charged

with robbery in the third. You have also been charged

with petit larceny concerning the same incident in

regards to theft and also the violation of harassment in

terms of the physical contact against this alleged

victim. In light of that Mr. Coville, how does she

MR. COVILLE: Not guilty Judge, I’d waive a

THE COURT: Thank you.

MS. AFET: Your Honor?

THE COURT: If you have a question about the

case, I would rather have you speak to Mr. Coville first

before you speak to me because anything you say is going

to be on the record and we want to be sure that --

MS. AFET: I want to say that it wasn’t me on

THE COURT: Okay.

MR. COVILLE: I want you to talk to me by

yourself because you may say something that hurts your

case. Everything’s being recorded.

MS. AFET: Okay.

THE COURT: So what we can do is we can --

MS. AFET: Well all the stuff that happened it

THE COURT: Okay. Okay Ms. Afet?

MR. COVILLE: Stop talking for a second,

listen to the Judge.

THE COURT: Ms. Afet I’m not -- I’m going to

ask you not to say anything further, if you want to be

able to speak to Mr. Coville, whatever that you find