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THE STATE OF NEW YORK

LITTLE VALLEY TOWN COURT

201 THIRD STREET

LITTLE VALLEY, NEW YORK 14755

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PEOPLE OF THE STATE OF NEW YORK,

-vs- Docket #15030001

CHRISTOPHER KOCHAN,

Defendant. April 8, 2015

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BEFORE HONORABLE JOSEPH A. DRY

APPEARANCES: WILLIAM PRESTON MARSHALL, ESQ.

Appearing for the People

CHRISTOPHER KOCHAN

Appearing Pro Se

PRESENT: Jillian S. Koch, Court Clerk

TRANSCRIPTION SERVICE: Kathleen S. Hume

46 Deerwood Drive

Williamsville, New York 14221

(716) 688-1280

Proceedings recorded by electronic sound recording.

Transcript produced by transcription service.

People of the State of New York vs. Christopher Kochan

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THE COURT: Christopher Kochan? 1

CHRISTOPHER KOCHAN: Yes, sir. 2

THE COURT: These charges have been -- you’ve 3

been -- they’ve been read to you before in another 4

court, correct? 5

CHRISTOPHER KOCHAN: I was allegedly 6

arraigned on June 3rd and -- June 3rd of 2014, Your 7

Honor. 8

THE COURT: So there’s a charge of failure to 9

stop at a stop sign, violation of Section 1172, driving 10

while intoxicated, 1192-3, refusal to take a breath 11

test, 1194-01(b) and obstructing government 12

administration, correct? 13

CHRISTOPHER KOCHAN: For remaining silent, 14

yes, Your Honor. 15

THE COURT: Uh-hum. So the case has been 16

transferred here. 17

CHRISTOPHER KOCHAN: Yes, sir. 18

THE COURT: You’ve submitted a demand for -- 19

CHRISTOPHER KOCHAN: Your Honor, I -- may I 20

first address the Court on the -- that does not look 21

like the full file. I do not see any of my pleadings 22

in there. I had an omnibus motion already filed. 23

THE COURT: Uh-hum, yeah. 24

CHRISTOPHER KOCHAN: The People -- 25

People of the State of New York vs. Christopher Kochan 3

THE COURT: Demand for discovery and all that 1

and the district attorney’s office has responded, 2

correct? 3

CHRISTOPHER KOCHAN: No, they have not, Your 4

Honor. 5

THE COURT: Yes, they have. I mean, did you 6

not get this? 7

CHRISTOPHER KOCHAN: Oh, that -- oh, that, I 8

have gotten that, Your Honor, but -- 9

THE COURT: Uh-hum. 10

CHRISTOPHER KOCHAN: -- I did respond to that 11

and also -- however, Your Honor, the simplified 12

informations were never verified so in accordance 13

with -- 14

THE COURT: Right, but you’ve done -- first 15

of all, I want you to understand that you’re entitled 16

to an attorney. 17

CHRISTOPHER KOCHAN: Uh-hum. 18

THE COURT: If you can’t afford an attorney, 19

the Court would appoint you one. And at any stage of 20

these proceedings that you feel that you need an 21

attorney, we can stop and we will -- 22

CHRISTOPHER KOCHAN: Well -- 23

THE COURT: -- give you that -- afford you 24

that right. Do you understand that? 25

People of the State of New York vs. Christopher Kochan 4

CHRISTOPHER KOCHAN: I’ve already attempted 1

that, Your Honor. I tried at the very beginning; there 2

was no response from the County and I’ve already tried 3

with other attorneys and they’ve refused. So also -- 4

THE COURT: They’ve refused to take your 5

case? 6

CHRISTOPHER KOCHAN: I’ve talked to one 7

specifically, yes, Your Honor. 8

THE COURT: Why is that, because you wouldn’t 9

pay them or what? 10

CHRISTOPHER KOCHAN: No, Your Honor. That 11

didn’t even come up. That did not even come up in -- 12

THE COURT: You cannot -- 13

CHRISTOPHER KOCHAN: -- the conversation. 14

THE COURT: -- get an attorney to represent 15

you? 16

CHRISTOPHER KOCHAN: I did not. I tried and 17

he said he could not do it and, I mean, the -- it’s 18

clear that there’s a -- 19

THE COURT: By law you (inaudible) to have an 20

attorney, you understand that? 21

CHRISTOPHER KOCHAN: I understand that, Your 22

Honor, but I mean -- 23

THE COURT: Okay. 24

CHRISTOPHER KOCHAN: -- the serious -- the 25

People of the State of New York vs. Christopher Kochan 5

exceptionally serious misconduct by law enforcement, 1

including the district attorney’s office -- 2

THE COURT: Well, I won’t hear that. I just 3

want you to understand that you’re entitled to an 4

attorney, okay? I would suggest that you get one and 5

if you can’t afford one, the Court will appoint you 6

one. 7

CHRISTOPHER KOCHAN: Your Honor, I still have 8

many motions pending. Are they -- 9

THE COURT: Uh-hum. 10

CHRISTOPHER KOCHAN: They’re still pending 11

and I have the ability to file more. 12

THE COURT: As I reviewed the case, the 13

motions that you have made have been -- a response has 14

been made by the district attorney’s office. 15

MR. MARSHALL: That is my understanding, 16

Judge. 17

THE COURT: And that they are ready for 18

trial. 19

CHRISTOPHER KOCHAN: No, Your Honor, 20

there’s -- 21

THE COURT: Did you not -- did you not 22

receive this? 23

CHRISTOPHER KOCHAN: Your Honor, I received 24

that, but -- 25

People of the State of New York vs. Christopher Kochan 6

THE COURT: Uh-hum. 1

CHRISTOPHER KOCHAN: -- I responded to that 2

and there was no motions decided by -- 3

THE COURT: You did respond to this? 4

CHRISTOPHER KOCHAN: I did respond to that, 5

which I -- 6

THE COURT: I saw that. 7

CHRISTOPHER KOCHAN: I have that right here, 8

Your Honor. I have that as a -- as -- I don’t see the 9

transcripts in there whatsoever, Your Honor. I mean, 10

I’ve had -- there’s four transcripts. I can provide 11

you with them right now, if you’d like to see them. 12

Further, Your Honor -- 13

THE COURT: Transcripts of what? 14

CHRISTOPHER KOCHAN: The transcripts of the 15

other hearings. That -- 16

THE COURT: Oh, I’m sure they’re here. 17

CHRISTOPHER KOCHAN: Oh, okay. I didn’t -- 18

okay, I didn’t see that. This is my response to that, 19

to that omnibus motion. 20

THE COURT: Uh-hum. 21

CHRISTOPHER KOCHAN: Further, Your Honor, I’m 22

just -- you know, the original, I mean, that should be 23

-- that was filed. That was -- 24

THE COURT: Uh-hum. 25

People of the State of New York vs. Christopher Kochan 7

CHRISTOPHER KOCHAN: -- served upon them. I 1

just want to make sure that -- and also -- make sure 2

that the original record is complete. Further, the 3

simplified informations are not verified and they -- 4

and if they’re not verified, the People have nothing -- 5

THE COURT: (Inaudible.) If the simplified 6

informations are verified by -- 7

CHRISTOPHER KOCHAN: They’re not verified by 8

anybody. 9

THE COURT: -- long form informations or by 10

supporting depositions -- 11

CHRISTOPHER KOCHAN: I never asked -- I never 12

asked for supporting depositions. 13

THE COURT: But that’s how they’re -- you’re 14

asking for them to be -- 15

CHRISTOPHER KOCHAN: But the simplified 16

informations, in order for -- properly conversioned 17

into the long form and if there’s a long form they’re 18

now claiming that has actually been generated, I was 19

never served with a long form information at all. 20

THE COURT: Never a supporting deposition? 21

CHRISTOPHER KOCHAN: No, sir. I never asked 22

for one and I never wanted one. 23

MR. MARSHALL: Judge, it does appear that 24

service was attempted on May the 21st, 2014 and the 25

People of the State of New York vs. Christopher Kochan 8

defendant refused so -- 1

CHRISTOPHER KOCHAN: That’s not a long form 2

information, sir. That is a DWI bill of particulars. 3

A DWI bill of particulars is not a long form 4

information. 5

THE COURT: Well, you’re asking for discovery 6

and all that’s been provided to you. What more is 7

there? 8

CHRISTOPHER KOCHAN: No, I have -- 9

(Overlapping voices.) 10

CHRISTOPHER KOCHAN: Well, first of all, Your 11

Honor, if you read in the omnibus motion, you will 12

see -- 13

THE COURT: I think the -- I think the People 14

are ready for trial. 15

CHRISTOPHER KOCHAN: I’m -- 16

MR. MARSHALL: That’s correct, Judge, the 17

People are ready for trial. 18

CHRISTOPHER KOCHAN: I am not, Your Honor. 19

We have to have hearings. We can have an Ingle hearing 20

on the fact that the individual -- 21

THE COURT: What’s the hearing? 22

CHRISTOPHER KOCHAN: It’s a -- it’s a 23

probable cause hearing. I was unlawfully stopped; I 24

was unlawfully arrested; then I was assaulted -- 25

People of the State of New York vs. Christopher Kochan 9

THE COURT: (Inaudible.) In the demand it 1

says that you were stopped because of a -- allegedly 2

for failing to stop at a stop sign. 3

CHRISTOPHER KOCHAN: But, Your Honor, he 4

gave -- 5

THE COURT: For the most part that’s -- 6

CHRISTOPHER KOCHAN: Your Honor, he gave -- 7

THE COURT: -- probable cause. 8

CHRISTOPHER KOCHAN: He gave conflicting -- 9

THE COURT: So what more can you add to that? 10

CHRISTOPHER KOCHAN: Well, Your Honor, but he 11

gave conflicting information, exculpatory information 12

at the DW -- the Department of Motor Vehicles 13

(inaudible) -- 14

THE COURT: I don’t think there’s a need for 15

a -- 16

CHRISTOPHER KOCHAN: I do, Your Honor. I 17

believe there’s -- I object to that. I believe 18

there’s -- 19

THE COURT: I don’t think -- I think we need 20

to set it down for trial. 21

CHRISTOPHER KOCHAN: No, I -- no. 22

MR. MARSHALL: That’s correct. 23

CHRISTOPHER KOCHAN: No, I -- I do not -- I 24

do not accept any of this, Your Honor. There’s 25

People of the State of New York vs. Christopher Kochan 10

still -- 1

THE COURT: Well, you can object, but the 2

fact is we’re going to set it down for trial. 3

CHRISTOPHER KOCHAN: Your Honor, I do not -- 4

THE COURT: So let’s set a date. 5

CHRISTOPHER KOCHAN: Your Honor, I do not -- 6

there’s still motions that have not been heard. There 7

has to be -- 8

THE COURT: What motions? 9

CHRISTOPHER KOCHAN: -- hearings. There has 10

to be -- okay, we can go through them right now. 11

THE COURT: You have to put them in writing. 12

CHRISTOPHER KOCHAN: They are in writing, 13

Your Honor. They’re in -- 14

THE COURT: No, those have been answered. 15

CHRISTOPHER KOCHAN: No, they -- 16

THE COURT: Everything I’ve seen here has 17

been answered. 18

CHRISTOPHER KOCHAN: There’s nothing answered 19

here, Your Honor. 20

THE COURT: Yes, it is. 21

CHRISTOPHER KOCHAN: The People have to 22

answer specifically. 23

THE COURT: No. 24

CHRISTOPHER KOCHAN: They did not answer any 25

People of the State of New York vs. Christopher Kochan 11

of -- 1

THE COURT: Time’s up. Time’s up. 2

CHRISTOPHER KOCHAN: Your Honor, they did not 3

answer -- 4

THE COURT: We have reviewed it. As far as I 5

can see, everything’s been answered. 6

CHRISTOPHER KOCHAN: Well, I have -- 7

THE COURT: We’re setting it down for trial. 8

CHRISTOPHER KOCHAN: I have -- Your Honor, I 9

still have -- 10

THE COURT: Get yourself prepared for trial. 11

CHRISTOPHER KOCHAN: Your Honor -- 12

THE COURT: Understand that you’re entitled 13

to an attorney at each and every stage of the 14

proceedings. 15

CHRISTOPHER KOCHAN: And I can -- 16

THE COURT: And if during the trial you 17

decide that you’re not being fairly represented, you 18

can ask for an attorney, okay? 19

CHRISTOPHER KOCHAN: And I can have the 20

transcripts of this hearing, is that correct, Your 21

Honor? I need the transcripts of this hearing before I 22

go any farther. 23

THE COURT: This hearing? 24

CHRISTOPHER KOCHAN: Yes, sir. 25

People of the State of New York vs. Christopher Kochan 12

THE COURT: Sure. This is not a hearing, by 1

the way. 2

CHRISTOPHER KOCHAN: But, Your Honor, I -- 3

THE COURT: It’s an arraignment. 4

CHRISTOPHER KOCHAN: -- I -- I object to all 5

this. I object -- 6

THE COURT: And we can set it down for a 7

trial. 8

CHRISTOPHER KOCHAN: Your Honor, I -- there’s 9

still motions that were not decided. There’s nothing 10

on the record that shows they were decided. They have 11

to be decided by the Court, Your Honor. I do not 12

accept a trial -- 13

THE COURT: Do you have a trial date? 14

CHRISTOPHER KOCHAN: I do not accept a trial 15

date, Your Honor. 16

THE COURT: You’re entitled to a trial by 17

jury, by the way. 18

CHRISTOPHER KOCHAN: I -- Your Honor, I do 19

not accept any of this at all. I did -- there has been 20

no motions on any of the hearings. There has to be 21

motions on the hearings, Your Honor. 22

THE COURT: Everything’s been answered and 23

responded to -- 24

CHRISTOPHER KOCHAN: It has not, Your Honor. 25

People of the State of New York vs. Christopher Kochan 13

THE COURT: -- as far as I can see. 1

CHRISTOPHER KOCHAN: Your Honor, if you take 2

a look -- if you take a look at the transcript, you 3

will see -- 4

THE COURT: I’ve reviewed the file. 5

CHRISTOPHER KOCHAN: Your Honor, there is 6

nothing in there that allows -- 7

THE COURT: We’ll set a trial date. 8

CHRISTOPHER KOCHAN: I object to this. 9

THE COURT: (Inaudible) for a trial? 10

MR. MARSHALL: It depends on a jury or non-11

jury -- 12

CHRISTOPHER KOCHAN: Ask for your recusal, 13

Your Honor. 14

THE COURT: Do you want a jury trial or a 15

non-jury -- 16

CHRISTOPHER KOCHAN: I ask for your recusal, 17

Your Honor. 18

THE COURT: For me? 19

CHRISTOPHER KOCHAN: Yes, Your Honor. 20

THE COURT: There’s no sense to it. You 21

already have several recusals. You’re running out 22

of -- 23

CHRISTOPHER KOCHAN: Your Honor, that’s not 24

my fault, Your Honor, and I’ve never asked for a 25

People of the State of New York vs. Christopher Kochan 14

recusal except for the DMV -- 1

THE COURT: We’ll set a trial date down 2

for -- 3

CHRISTOPHER KOCHAN: I object to this, Your 4

Honor. I object to this totally. I have the right to 5

have hearings. I have the right to have a Brady 6

hearing. 7

THE COURT: Hearings are denied. You’ve had 8

your -- 9

CHRISTOPHER KOCHAN: We haven’t had the 10

hearing, Your Honor. I have the right to call 11

witnesses, Your Honor. 12

THE COURT: You can do that at the trial. 13

MR. MARSHALL: The judge is denying your 14

hearing. I mean, that’s -- 15

THE COURT: Yeah. 16

MR. MARSHALL: We’re ready for trial, Judge, 17

and (inaudible) -- 18

CHRISTOPHER KOCHAN: I have the ability to 19

file other motions, Your Honor. 20

THE COURT: Jill, can you give me a date? 21

CHRISTOPHER KOCHAN: Your Honor, I have the 22

ability to file other motions. 23

THE COURT: You already filed motions. 24

CHRISTOPHER KOCHAN: According to the other 25

People of the State of New York vs. Christopher Kochan 15

Court, they gave me permission to file motions that 1

have not been filed and I’m going to be filing them. 2

MR. MARSHALL: Which Court is that? 3

CHRISTOPHER KOCHAN: That is the Court of 4

Machias and would you like a copy of the transcript -- 5

THE COURT: You’re not there no more. You’re 6

here. 7

CHRISTOPHER KOCHAN: But, Your Honor, I still 8

have the ability -- are you saying I don’t have the 9

right to file any more motions, Your Honor? 10

THE COURT: I’m denying that you need any 11

more motions. You filed motions -- 12

CHRISTOPHER KOCHAN: Your Honor, I still 13

have -- 14

THE COURT: You filed motions for demand and 15

they’ve been produced. 16

CHRISTOPHER KOCHAN: They have not been 17

produced, Your Honor. 18

THE COURT: Yes, they have. 19

CHRISTOPHER KOCHAN: Your Honor, the 20

individual -- if you take a look at their -- their 21

response, they said they -- 22

JILL KOCH: (Inaudible.) 23

CHRISTOPHER KOCHAN: They stated, Your Honor, 24

that they had interviews with the other witnesses -- 25

People of the State of New York vs. Christopher Kochan 16

JILL KOCH: July 1st, July 15th, July 29th. 1

CHRISTOPHER KOCHAN: -- and I have a right to 2

those witnesses, the witnesses’ statements and notes, 3

Your Honor. 4

THE COURT: July 29th? 5

JILL KOCH: That would be one of the dates, 6

yep; any other court that’s not a court night at 1:00. 7

CHRISTOPHER KOCHAN: And this is -- 8

THE COURT: July 1st. 9

MR. MARSHALL: July 1st? 10

THE COURT: We’ll set it down for a jury 11

trial. 12

MR. MARSHALL: Jury trial -- 13

CHRISTOPHER KOCHAN: I object. 14

THE COURT: You’ll be here for July 1st, jury 15

trial. 16

CHRISTOPHER KOCHAN: July -- 17

THE COURT: 1st. 18

CHRISTOPHER KOCHAN: I object, Your Honor. 19

MR. MARSHALL: That’s at 9:00 A.M., or are we 20

starting in the evening or what are we doing here? 21

CHRISTOPHER KOCHAN: I object, Your Honor. 22

And, Your Honor, I believe -- 23

THE COURT: (Inaudible) at 4:00 in the 24

afternoon. 25

People of the State of New York vs. Christopher Kochan 17

CHRISTOPHER KOCHAN: I believe the jury will 1

be rigged. I have witnesses to that effect for 2

evidence of that with this individual right here, this 3

individual, Preston -- William Preston Marshall, I do 4

believe, and -- 5

THE COURT: So you be here on July 1st -- 6

CHRISTOPHER KOCHAN: Your Honor, I -- 7

THE COURT: -- 4:00 in the afternoon. 8

MR. MARSHALL: 4:00. 9

CHRISTOPHER KOCHAN: Your Honor, I have the 10

right to the hearings over -- 11

THE COURT: 4:00 in the afternoon. 12

MR. MARSHALL: Are we done? 13

THE COURT: Yeah. 14

(Proceedings concluded.) 15

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People of the State of New York vs. Christopher Kochan

CERTIFICATE

I, Kathleen S. Hume, certify that the foregoing

transcript of proceedings in the Little Valley Town

Court, State of New York, in the matter of:

People of the State of New York vs. Christopher Kochan

Docket #15030001

was prepared using the required transcription equipment

and is a true and accurate record of the proceedings.

Kathleen S. Hume Kathleen S. Hume

46 Deerwood Drive

Williamsville, New York 14221

Date: April 22, 2015