Free Motion to Continue - District Court of Connecticut - Connecticut

Case 3:02-cr-00062-AWT

Document 210

Filed 11/30/2006

Page 1 of 3

UNITEDSTATESDISTRICTCOURT: OF DISTRICT CONNECTICUT

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LINITEDSTATESOF AMERICA.
-agamstJOSECOSME,

(AWT) CRIMINALNO. 3:02CR00062 29.2006 November

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CONSENTED TO MOTION TO CONTINUE JURY SELECTION AND TRIAL

JOSE COSME, defendantthrough undersignedcounsel,requeststhat the court adjourn the jury selectionand trial in the captionedmatter until January 16,2007, for the following reasons:

1.

I am an attorney admitted to practice in this Court, representthe captioneddefendant

and submit this affidavit in support of an application for the relief requested.

8, for havebeenscheduled December 2006. and 2. Jury selection trial in this case

New County, Court,Passaic to in and 3. I expected beengaged hearings trial in theSuperior wheremy v. of RonaldMarmo,in thecase the State AnJoli Gonzalez, Jersey, beforetheHonorable and for with murder. He hasbeenincarcerated morethantwo years, thehearings client is charged many monthsago and trial were scheduled lo November27,2006. The trial was commence

that I because was advisedby the prosecution scheduled last the entiremonth of December, to would be called to testifr. On November27, 2006,an issuearose 20 approximately witnesses until January be that the case adjourned which required my concerning client's fitnessto proceed,

LAW OFFICES GOII'STEIN & WEINSIEIN 888 GRAND CONCOURSE BRONX,NEW YORK10451 (718) 65s-9000

Case 3:02-cr-00062-AWT

Document 210

Filed 11/30/2006

Page 2 of 3

4,2007,for a competency hearing.

4. I prepared thoroughly try thatcase, did not anddo not now havetime to prepare to and for thetrial of these threeindictments.I havealsobeendirected commence to hearings December on 4,2006,in the Supreme Court,BronxCounty,in a homicide case, thematterof thePeople the in of State Eduardo Umrthia,a case which is far olderthanthe instantmatter.The ofNew York against hearings expected lasta numberof days. are to

we request the court continue trial date 4. For the foregoing reasons respectfully that the 16,2A07 TheGovemment, Gordon from December 2006,untilJanuary 8, . by Hall, hasno objection to this application.

will executeda speedytrial waiver, which will be filed separately, 5. The defendant of 16 consenting theexclusion time until January ,2007 ("ExhibitA"). to

DAVID J. Goldstein Weinstein & Attorneys Defendant JoseCosme for OfficeandP.O.Address 888 GrandConcourse Bronx,New York 10451 (718) 66s-9000

LAW OFFICES GO]DSTEIN & WEINSTEIN 888 GRAND CONCOURSE BRONX,NEW YORK10451 (718) 665-9000

Case 3:02-cr-00062-AWT

Document 210

Filed 11/30/2006

Page 3 of 3

CERTIFICATION OF SERVICE

United States Attorney, wasmailedto Assistant This is to certiff that a copyof foregoing 141 Attorney'sOffice for the District gf Connecticut, ChurchStreet, GordonHall, United States New Haven,Connecticut 06510,this 29thdayof Noyepber,

GOLDSTEIN

LAW OFFICES GOTDSTEIN& WEINSTEIN 888 GRANDCONCOURSE BRONX,NEW YORK 10451 (718) 665-9000