Preview
FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023
Exhibit 4
FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023
CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK: PART B
THE PEOPLE OF THE STATE OF NEW YORK
-against- AUTOMATIC
DISCOVERY FORM
STEPHEN PASTERINO,
Docket No. CR-
Defendant. 020102-22NY
A. BILL OF PARTICULARS
The People intend to prove that in the commission of the offense(s) charged:
Stephen Pasterino acted as a principal accomplice both
A description of the offense(s) charged; the approximate date, time, and location of
each offense; and the approximate date, time and place of arrest are provided
collectively in section B.1 below, the charging document(s), and in the accompanying
production of discovery.
B. DISCOVERY
With the exception of materials or information withheld subject to an order issued or
anticipated pursuant to CPL § 245.70 or former CPL § 240.50, the materials and
information provided with this form are those that are in the actual possession of, or
known to, the People. The People’s disclosures may include documents, information,
and materials that are not required to be disclosed under CPL § 245.20(1) but which
have been disclosed in an exercise of the People’s discretion. Pursuant to CPL §
245.20(1)(o), the People intend to introduce at any pre-trial hearing or trial all tangible
property listed herein and disclosed to the defense. Pursuant to CPL §§ 245.10(1)(a)
and 245.60, the People will produce additional discoverable material(s) and information
should they come into the possession of, or become known to, the People, or as
protective orders impacting upon the disclosure of such items are resolved. (Should
counsel for the defendant wish to discover, inspect, copy, photograph, or test any document or item listed
below, counsel should contact the undersigned assistant.)
1. Occurrence, Seizure and Arrest (CPL § 245.20(1)(r))
a. Occurrence
Date: 8/13/2022
App. Time: 2:33 PM
Place: 415 West Broadway Manhattan, NY
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b. Seizure
Date: 8/19/2022
App. Time: 5:30 PM
Place: 16 Ericsson Place Manhattan, NY
c. Official Arrest Information
Date: 8/19/2022
App. Time: 5:30 PM
Place: 16 Ericsson Place Manhattan, NY
2. LAW ENFORCEMENT ACTIVITY
a. Statements (CPL § 245.20(1)(a))
If checked, the People hereby disclose, pursuant to CPL § 245.20(1)(a),
written, oral or recorded statements of a defendant, made to a public servant
engaged in law enforcement activity or to a person then acting under his or
her direction or in cooperation with him or her.
b. Identification
If checked, notice is hereby served, pursuant to CPL § 710.30(1)(b), that
the People intend to offer at trial testimony regarding an observation of
defendant either at the time or place of the commission of the offense or
upon some other occasion relevant to the charges, to be given by a witness
who has previously identified defendant.
c. Property Release (CPL § 245.20(1)(i))
If checked, one or more photographs, photocopies, and reproductions
were made by or at the direction of law enforcement personnel of property
prior to its release pursuant to PL § 450.10. Any such photographs,
photocopies and reproductions are included in the electronic discovery
separately provided to counsel for the defendant.
3. DOCUMENTARY EVIDENCE
a. Grand Jury Testimony (CPL § 245.20(1)(b))
b. Witness Statements (CPL § 245.20(1)(e))
If checked, written, recorded, or summarized statements, made by
persons who have evidence or information relevant to an offense with
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which the defendant is charged or to any potential defense thereto, are
disclosed pursuant to our discovery obligation.
c. Photographs and Drawings (CPL § 245.20(1)(h))
If checked, photographs and drawings, made or completed by a public
servant engaged in law enforcement activity, or made by a person whom the
prosecutor intends to call as a witness at trial or a pre-trial hearing, or which
relate to the subject matter of a case, are disclosed pursuant to our discovery
obligation.
d. Scientific and Medical Reports (CPL § 245.20(1)(j))
If checked, reports, documents, records, data, calculations or writings
concerning physical or mental examinations or scientific tests or
experiments or comparisons, relating to the criminal action or proceeding,
that were or will be made by or at the request or direction of a public servant
engaged in law enforcement activity or were or will be made by a person
whom the People intend to call as a witness at trial or a pre-trial hearing, or
which the People intend to introduce at trial or a pre-trial hearing are, or will
be, disclosed as follows.
e. Search Warrant Materials (CPL § 245.20(1)(n))
If checked, one or more search warrants were executed in connection
with this case.
f. VTL Offenses (CPL § 245.20(1)(s))
If checked, records exist of calibration, certification, inspection, repair
or maintenance of machines and instruments utilized to perform scientific
tests and experiments. Such records for the six months prior to the test(s)
are disclosed pursuant to our discovery obligation. Records created six
months or more after the tests were conducted will be disclosed as
prescribed in the statute.
4. ELECTRONIC EVIDENCE
a. Electronic Recordings (CPL § 245.20(1)(g))
If checked, the following electronic recordings were made or received in
connection with this case and are, or will be, disclosed as follows.
i. Surveillance Video – Disclosed
ii. 911 Recordings—Disclosed
iii. Radio Runs—Disclosed
The People currently intend to introduce the above-noted electronic
recordings at a future hearing or trial.
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b. Electronic Information (CPL § 245.20(1)(u))
If checked, the People possess electronically-created or stored
information that was obtained from the defendant or from a device owned
or accessed by the defendant; or was obtained from a source other than
the defendant. Said information is, or will be, disclosed as follows.
5. PHYSICAL EVIDENCE
a. Defendant / Co-defendant Property (CPL § 245.20(1)(m))
If checked, the following tangible objects were obtained from or
possessed by the defendant or a co-defendant. Any item not listed as
recovered from the defendant’s person was constructively possessed by
the defendant and all co-defendants. Unless otherwise noted, the items
listed below were recovered either at or about the time of the defendant’s
arrest and/or during a search of persons or places by a public servant or an
agent thereof. The People currently intend to introduce this property at
trial or at a pre-trial hearing.
b. Other Tangible Property (CPL § 245.20(1)(o))
If checked, there exists tangible property, in addition to any property
already disclosed pursuant to CPL § 245.20(1)(m), that may relate to the
subject matter of this case. The People currently intend to introduce this
property at trial or at a pre-trial hearing.
6. FURTHER DISCLOSURES
a. Computer Offenses (CPL § 245.20(1)(t))
If checked, disclosure is hereby made of the time, place and manner of
a violation of Unauthorized Use of a Computer (Penal Law § 156.05) or
Computer Trespass (Penal Law § 156.10):
b. Other Disclosures
If checked, disclosure is hereby made of the following information or
materials not otherwise included in other sections of this document.
c. Lost or Destroyed Documents
If checked, disclosure is hereby made of the following materials or
documents that have been destroyed or, despite diligent, good faith efforts
to locate the items, lost.
C. PROTECTIVE ORDERS
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If checked, the People have filed or will file one or more motions for a
protective order pursuant to CPL § 245.70 or former CPL § 240.50. Therefore,
under CPL §§ 245.10(1)(a), 245.20(5), 245.70, the People have withheld, or
requested an extension of the time period for discovery of, potentially discoverable
materials pending, or pursuant to, a ruling of the court. The particular paragraphs of
CPL § 245.20 pursuant to which the information would otherwise be discoverable
are noted, where applicable, within this document. The discoverable portions of
such materials have been disclosed to the extent practicable.
D. SUPPLEMENTAL DISCOVERY - SANDOVAL
If checked, the People provide notice, pursuant to CPL § 245.20(3), that all
information found within the defendant’s NY and III e-justice record, including,
but not limited to, the defendant’s names and/or aliases, dates of birth, addresses,
complete record of arrests, convictions, sentences, and the facts related thereto, will
be the subject of a Sandoval motion should this case proceed to trial. Other
misconduct and criminal acts learned of by the People, and which we intend to
include in a future Sandoval motion, will be disclosed in accordance with CPL §
245.10(1)(b).
E. RECIPROCAL DISCOVERY
Pursuant to CPL §§ 245.10(2), 245.20(4), the People request that the defendant
disclose, within 30 days of the date of this disclosure, and permit discovery,
inspection, copying, or photography (if applicable) of, the following items:
1. Expert opinion evidence, including the name, business address, current
curriculum vitae, a list of publications, and all proficiency tests and results
administered or taken within the past ten years of each expert witness whom the
defendant intends to call as a witness at trial or a pre-trial hearing, and all reports
prepared by the expert that pertain to the case, or if no report is prepared, a
written statement of the facts and opinions to which the expert is expected to
testify and a summary of the grounds for each opinion.
2. All tapes or other electronic recordings, including all electronic recordings of 911
telephone calls made or received in connection with the alleged criminal incident,
and a designation by the defense counsel as to which of the recordings under this
paragraph the defendant intends to introduce at trial or a pre-trial hearing.
a. If the sum total of recordings is longer than 10 hours, the defendant shall
disclose only the recordings that the defense intends to introduce at trial or
a pre-trial hearing, along with a list of the source and approximate quantity
of other recordings and their general subject matter, if known.
3. All photographs and drawings made or completed by a public servant engaged in
law enforcement activity, or which were made by a person whom the defendant
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intends to call as a witness at trial or a pre-trial hearing, or which relate to the
subject matter of the case.
4. All reports, documents, records, data, calculations or writings, including but not
limited to preliminary tests and screening results and bench notes and analyses
performed or stored electronically, concerning physical or mental examinations,
or scientific tests or experiments or comparisons, relating to the criminal action
or proceeding which were made by a person whom the defendant intends to call
as a witness at trial or a pre-trial hearing, or which the defendant intends to
introduce at trial or a pre-trial hearing, including, but not limited to, laboratory
information management system records relating to such materials, any
preliminary or final findings of nonconformance with accreditation, industry or
governmental standards or laboratory protocols, and any conflicting analyses or
results by laboratory personnel regardless of the laboratory’s final analysis or
results.
5. A summary of all promises, rewards and inducements made to, or in favor of,
persons who may be called as witnesses, as well as requests for consideration by
persons who may be called as witnesses and copies of all documents relevant to
a promise, reward or inducement.
6. All tangible property that relates to the subject matter of the case, along with a
designation of which of those items the defendant intends to introduce in its case-
in-chief at trial or a pre-trial hearing.
7. The names, addresses, birth dates, and all statements, written or recorded or
summarized in any writing or recording, of those persons (other than the
defendant) whom the defendant intends to call as witnesses at trial or a pre-trial
hearing.
F. ADDITIONAL DISCOVERY / NOTICE
In the interest of open, reciprocal discovery, and to the extent permissible under
statutory and constitutional law, the People request the following additional
disclosures and/or notices:
1. To the extent that the defendant believes that the discovery provided by the
People is incomplete, provide the undersigned ADA with a list of the missing
materials in the possession, custody, or control of the prosecution or persons
under the prosecution’s direction or control and describe how they “relate to the
subject matter of the case.”
2. The names and adequate contact information for all persons not listed in the
Witness Name and Contact section whom the defendant knows to have evidence
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or information relevant to any offense charged or any potential defense thereto,
and all statements, written or recorded or summarized in any writing or
recording, for those persons.
3. To the extent that the defendant has served or intends to serve notice of intent
to introduce psychiatric evidence pursuant to CPL § 250.10(1), timely written
notice of such intention, and any and all documentation and information relevant
to properly assess such assertion by the defendant.
4. To the extent that the defendant intends to argue that he or she should be
sentenced to an alternative sentence pursuant to CPL § 60.12, any statements,
documents, or material in support of such assertion.
5. To the extent that the defendant is in possession of information that mitigates
his or her culpability or is otherwise relevant to the question of sentence, early
notice of such information. If the defendant wishes to have an opportunity to
speak with the assistant assigned to this case to discuss any factor relevant to
culpability or sentence, contact the Assistant District Attorney named below.
NOTES: Information related to civilian, police and expert witnesses, discoverable pursuant
to CPL §§ 245.20(1)(c), 245.20(1)(d), 245.20(1)(f), 245.20(1)(k), 245.20(1)(l), 245.20(1)(p),
and 245.20(1)(q), is contained in a separate addendum served on defense counsel. Any
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defense motion or request addressed to the above-captioned case should be directed to the
attention of the Assistant District Attorney named below, who is assigned to this case.
Dated: New York, New York
November 17, 2022
Respectfully submitted,
Alvin L. Bragg, Jr.
District Attorney
New York County
By:
Anna Nagler
Assistant District Attorney
Of Counsel
(212) 335-4396
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CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK: PART B
THE PEOPLE OF THE STATE OF NEW YORK
-against- ADDENDUM TO
AUTOMATIC
STEPHEN PASTERINO, DISCOVERY FORM
Defendant. Docket No. CR-
020102-22NY
WITNESS AND RELATED INFORMATION
A. Witness Name and Contact (CPL § 245.20(1)(c))
If checked, the People are disclosing the names and adequate contact
information of persons, other than law enforcement personnel, known to have
evidence or information relevant to an offense with which the defendant is charged
or to any potential defense thereto, and who are not subject to a protective order.
Unless otherwise specifically noted, each of these persons may be called as a
witness.
Notice that a custodian of records will be called as a witness is provided solely in an
exercise of the People’s discretion. When a specific person is identified by the
relevant entity to testify as their designated custodian of records, and that
information is known to the prosecutor, the People will disclose to the defense the
information required pursuant to this section.
Witness Name Contact Information
Madison Krause 415 West Broadway, New York, NY
B. Defendant and Witness Convictions
The following is a complete record of convictions for all defendants and potential
prosecution witnesses, other than experts:
A rap sheet containing a complete record of this defendant’s convictions was
served at arraignment.
Criminal convictions for any co-defendants not listed herein are provided separately
pursuant to our discovery obligation.
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C. Pending Prosecutions of Potential Witnesses (CPL § 245.20(1)(q))
If checked, the following is a record of all known criminal actions pending
against potential prosecution witnesses:
D. Promises, Rewards, or Inducements (CPL § 245.20(1)(l))
If checked, the People hereby disclose all promises, rewards, or inducements
made to, or in favor of, persons who may be called as witnesses at a future trial, and
requests for considerations made by any such persons.
E. Law Enforcement Witnesses (CPL § 245.20(1)(d))
The following law enforcement personnel have or may have evidence or
information relevant to an offense with which the defendant is charged or to any
potential defense thereto. Unless otherwise noted, these individuals are employed
by the New York City Police Department. While we have not determined with
precision which of the following witnesses will testify in a future proceeding, we
have noted below those witnesses whom we expect will testify if there should be a
hearing and/or trial.
Rank Name Shield Work Affiliation Expected to Testify
DET Stephen Russo 3562 1st Precinct Yes
PO Joseph Torres 04781 1st Precinct No
F. Brady/Giglio/Geaslen Information (CPL § 245.20(1)(k))
If checked, the People are disclosing information, either listed below, appended
hereto, or provided through e-discovery, which the People are required to turn over
pursuant to the United States or the New York State Constitution and/or which
tends to negate the defendant’s guilt as to a charged offense, reduce the degree of or
mitigate the defendant’s culpability as to a charged offense, support a potential
defense to a charged offense, impeach the credibility of a testifying prosecution
witness, undermine evidence of the defendant’s identity as the perpetrator of a
charged offense, provide a basis for a motion to suppress evidence, or mitigate
punishment.
Although this section is entitled “Brady/Giglio/Geaslen Information,” the People do
not concede that the information disclosed or referenced herein is, as a matter of
law, Brady/Giglio/Geaslen or other similar information. The People reserve the right,
at a future date, to object to or to move in limine to prevent the admission into
evidence of, or questioning of witnesses about, these matters. Furthermore, there
may be materials and information disclosed pursuant to other paragraphs of CPL §
245.20(1), and not separately highlighted under this paragraph, that could constitute
responsive materials under this paragraph.
a. Detective Stephen Russo
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i. Giglio Disclosure Letter
ii. CCRB Disclosure
iii. Garrett Disclosure
1. Palacios, Pablo v. City of New York, 20803-2013
2. Salmon, Michael et al v City of New York 304820-2011
If checked, the People have a request pending with the NYPD for responsive
material. Where such information has been obtained, it is included above. However,
some aspects of this search may be ongoing due to the significant volume of requests
received by the NYPD. As any discoverable material becomes available, the People
will produce it as soon as practicable.
Note that pursuant to section 7-114 of Local Law 166 of 2017, the New York City
Law Department makes available to the public on its website information on civil
actions alleging misconduct by the New York City Police Department and its
individual officers. See https://www1.nyc.gov/site/law/public-resources/nyc-
administrative-code-7-114.page
G. Expert Witnesses (CPL § 245.20(1)(f))
The People currently do not expect to call on their direct case an expert as a witness
at a future hearing or trial. If our expectations change, we will provide the
information required pursuant to this paragraph.
Dated: New York, New York
November 17, 2022
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Preview
FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 Exhibit 4 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK: PART B THE PEOPLE OF THE STATE OF NEW YORK -against- AUTOMATIC DISCOVERY FORM STEPHEN PASTERINO, Docket No. CR- Defendant. 020102-22NY A. BILL OF PARTICULARS The People intend to prove that in the commission of the offense(s) charged: Stephen Pasterino acted as a principal accomplice both A description of the offense(s) charged; the approximate date, time, and location of each offense; and the approximate date, time and place of arrest are provided collectively in section B.1 below, the charging document(s), and in the accompanying production of discovery. B. DISCOVERY With the exception of materials or information withheld subject to an order issued or anticipated pursuant to CPL § 245.70 or former CPL § 240.50, the materials and information provided with this form are those that are in the actual possession of, or known to, the People. The People’s disclosures may include documents, information, and materials that are not required to be disclosed under CPL § 245.20(1) but which have been disclosed in an exercise of the People’s discretion. Pursuant to CPL § 245.20(1)(o), the People intend to introduce at any pre-trial hearing or trial all tangible property listed herein and disclosed to the defense. Pursuant to CPL §§ 245.10(1)(a) and 245.60, the People will produce additional discoverable material(s) and information should they come into the possession of, or become known to, the People, or as protective orders impacting upon the disclosure of such items are resolved. (Should counsel for the defendant wish to discover, inspect, copy, photograph, or test any document or item listed below, counsel should contact the undersigned assistant.) 1. Occurrence, Seizure and Arrest (CPL § 245.20(1)(r)) a. Occurrence Date: 8/13/2022 App. Time: 2:33 PM Place: 415 West Broadway Manhattan, NY FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 b. Seizure Date: 8/19/2022 App. Time: 5:30 PM Place: 16 Ericsson Place Manhattan, NY c. Official Arrest Information Date: 8/19/2022 App. Time: 5:30 PM Place: 16 Ericsson Place Manhattan, NY 2. LAW ENFORCEMENT ACTIVITY a. Statements (CPL § 245.20(1)(a)) If checked, the People hereby disclose, pursuant to CPL § 245.20(1)(a), written, oral or recorded statements of a defendant, made to a public servant engaged in law enforcement activity or to a person then acting under his or her direction or in cooperation with him or her. b. Identification If checked, notice is hereby served, pursuant to CPL § 710.30(1)(b), that the People intend to offer at trial testimony regarding an observation of defendant either at the time or place of the commission of the offense or upon some other occasion relevant to the charges, to be given by a witness who has previously identified defendant. c. Property Release (CPL § 245.20(1)(i)) If checked, one or more photographs, photocopies, and reproductions were made by or at the direction of law enforcement personnel of property prior to its release pursuant to PL § 450.10. Any such photographs, photocopies and reproductions are included in the electronic discovery separately provided to counsel for the defendant. 3. DOCUMENTARY EVIDENCE a. Grand Jury Testimony (CPL § 245.20(1)(b)) b. Witness Statements (CPL § 245.20(1)(e)) If checked, written, recorded, or summarized statements, made by persons who have evidence or information relevant to an offense with 2 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 which the defendant is charged or to any potential defense thereto, are disclosed pursuant to our discovery obligation. c. Photographs and Drawings (CPL § 245.20(1)(h)) If checked, photographs and drawings, made or completed by a public servant engaged in law enforcement activity, or made by a person whom the prosecutor intends to call as a witness at trial or a pre-trial hearing, or which relate to the subject matter of a case, are disclosed pursuant to our discovery obligation. d. Scientific and Medical Reports (CPL § 245.20(1)(j)) If checked, reports, documents, records, data, calculations or writings concerning physical or mental examinations or scientific tests or experiments or comparisons, relating to the criminal action or proceeding, that were or will be made by or at the request or direction of a public servant engaged in law enforcement activity or were or will be made by a person whom the People intend to call as a witness at trial or a pre-trial hearing, or which the People intend to introduce at trial or a pre-trial hearing are, or will be, disclosed as follows. e. Search Warrant Materials (CPL § 245.20(1)(n)) If checked, one or more search warrants were executed in connection with this case. f. VTL Offenses (CPL § 245.20(1)(s)) If checked, records exist of calibration, certification, inspection, repair or maintenance of machines and instruments utilized to perform scientific tests and experiments. Such records for the six months prior to the test(s) are disclosed pursuant to our discovery obligation. Records created six months or more after the tests were conducted will be disclosed as prescribed in the statute. 4. ELECTRONIC EVIDENCE a. Electronic Recordings (CPL § 245.20(1)(g)) If checked, the following electronic recordings were made or received in connection with this case and are, or will be, disclosed as follows. i. Surveillance Video – Disclosed ii. 911 Recordings—Disclosed iii. Radio Runs—Disclosed The People currently intend to introduce the above-noted electronic recordings at a future hearing or trial. 3 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 b. Electronic Information (CPL § 245.20(1)(u)) If checked, the People possess electronically-created or stored information that was obtained from the defendant or from a device owned or accessed by the defendant; or was obtained from a source other than the defendant. Said information is, or will be, disclosed as follows. 5. PHYSICAL EVIDENCE a. Defendant / Co-defendant Property (CPL § 245.20(1)(m)) If checked, the following tangible objects were obtained from or possessed by the defendant or a co-defendant. Any item not listed as recovered from the defendant’s person was constructively possessed by the defendant and all co-defendants. Unless otherwise noted, the items listed below were recovered either at or about the time of the defendant’s arrest and/or during a search of persons or places by a public servant or an agent thereof. The People currently intend to introduce this property at trial or at a pre-trial hearing. b. Other Tangible Property (CPL § 245.20(1)(o)) If checked, there exists tangible property, in addition to any property already disclosed pursuant to CPL § 245.20(1)(m), that may relate to the subject matter of this case. The People currently intend to introduce this property at trial or at a pre-trial hearing. 6. FURTHER DISCLOSURES a. Computer Offenses (CPL § 245.20(1)(t)) If checked, disclosure is hereby made of the time, place and manner of a violation of Unauthorized Use of a Computer (Penal Law § 156.05) or Computer Trespass (Penal Law § 156.10): b. Other Disclosures If checked, disclosure is hereby made of the following information or materials not otherwise included in other sections of this document. c. Lost or Destroyed Documents If checked, disclosure is hereby made of the following materials or documents that have been destroyed or, despite diligent, good faith efforts to locate the items, lost. C. PROTECTIVE ORDERS 4 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 If checked, the People have filed or will file one or more motions for a protective order pursuant to CPL § 245.70 or former CPL § 240.50. Therefore, under CPL §§ 245.10(1)(a), 245.20(5), 245.70, the People have withheld, or requested an extension of the time period for discovery of, potentially discoverable materials pending, or pursuant to, a ruling of the court. The particular paragraphs of CPL § 245.20 pursuant to which the information would otherwise be discoverable are noted, where applicable, within this document. The discoverable portions of such materials have been disclosed to the extent practicable. D. SUPPLEMENTAL DISCOVERY - SANDOVAL If checked, the People provide notice, pursuant to CPL § 245.20(3), that all information found within the defendant’s NY and III e-justice record, including, but not limited to, the defendant’s names and/or aliases, dates of birth, addresses, complete record of arrests, convictions, sentences, and the facts related thereto, will be the subject of a Sandoval motion should this case proceed to trial. Other misconduct and criminal acts learned of by the People, and which we intend to include in a future Sandoval motion, will be disclosed in accordance with CPL § 245.10(1)(b). E. RECIPROCAL DISCOVERY Pursuant to CPL §§ 245.10(2), 245.20(4), the People request that the defendant disclose, within 30 days of the date of this disclosure, and permit discovery, inspection, copying, or photography (if applicable) of, the following items: 1. Expert opinion evidence, including the name, business address, current curriculum vitae, a list of publications, and all proficiency tests and results administered or taken within the past ten years of each expert witness whom the defendant intends to call as a witness at trial or a pre-trial hearing, and all reports prepared by the expert that pertain to the case, or if no report is prepared, a written statement of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. 2. All tapes or other electronic recordings, including all electronic recordings of 911 telephone calls made or received in connection with the alleged criminal incident, and a designation by the defense counsel as to which of the recordings under this paragraph the defendant intends to introduce at trial or a pre-trial hearing. a. If the sum total of recordings is longer than 10 hours, the defendant shall disclose only the recordings that the defense intends to introduce at trial or a pre-trial hearing, along with a list of the source and approximate quantity of other recordings and their general subject matter, if known. 3. All photographs and drawings made or completed by a public servant engaged in law enforcement activity, or which were made by a person whom the defendant 5 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 intends to call as a witness at trial or a pre-trial hearing, or which relate to the subject matter of the case. 4. All reports, documents, records, data, calculations or writings, including but not limited to preliminary tests and screening results and bench notes and analyses performed or stored electronically, concerning physical or mental examinations, or scientific tests or experiments or comparisons, relating to the criminal action or proceeding which were made by a person whom the defendant intends to call as a witness at trial or a pre-trial hearing, or which the defendant intends to introduce at trial or a pre-trial hearing, including, but not limited to, laboratory information management system records relating to such materials, any preliminary or final findings of nonconformance with accreditation, industry or governmental standards or laboratory protocols, and any conflicting analyses or results by laboratory personnel regardless of the laboratory’s final analysis or results. 5. A summary of all promises, rewards and inducements made to, or in favor of, persons who may be called as witnesses, as well as requests for consideration by persons who may be called as witnesses and copies of all documents relevant to a promise, reward or inducement. 6. All tangible property that relates to the subject matter of the case, along with a designation of which of those items the defendant intends to introduce in its case- in-chief at trial or a pre-trial hearing. 7. The names, addresses, birth dates, and all statements, written or recorded or summarized in any writing or recording, of those persons (other than the defendant) whom the defendant intends to call as witnesses at trial or a pre-trial hearing. F. ADDITIONAL DISCOVERY / NOTICE In the interest of open, reciprocal discovery, and to the extent permissible under statutory and constitutional law, the People request the following additional disclosures and/or notices: 1. To the extent that the defendant believes that the discovery provided by the People is incomplete, provide the undersigned ADA with a list of the missing materials in the possession, custody, or control of the prosecution or persons under the prosecution’s direction or control and describe how they “relate to the subject matter of the case.” 2. The names and adequate contact information for all persons not listed in the Witness Name and Contact section whom the defendant knows to have evidence 6 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 or information relevant to any offense charged or any potential defense thereto, and all statements, written or recorded or summarized in any writing or recording, for those persons. 3. To the extent that the defendant has served or intends to serve notice of intent to introduce psychiatric evidence pursuant to CPL § 250.10(1), timely written notice of such intention, and any and all documentation and information relevant to properly assess such assertion by the defendant. 4. To the extent that the defendant intends to argue that he or she should be sentenced to an alternative sentence pursuant to CPL § 60.12, any statements, documents, or material in support of such assertion. 5. To the extent that the defendant is in possession of information that mitigates his or her culpability or is otherwise relevant to the question of sentence, early notice of such information. If the defendant wishes to have an opportunity to speak with the assistant assigned to this case to discuss any factor relevant to culpability or sentence, contact the Assistant District Attorney named below. NOTES: Information related to civilian, police and expert witnesses, discoverable pursuant to CPL §§ 245.20(1)(c), 245.20(1)(d), 245.20(1)(f), 245.20(1)(k), 245.20(1)(l), 245.20(1)(p), and 245.20(1)(q), is contained in a separate addendum served on defense counsel. Any 7 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 defense motion or request addressed to the above-captioned case should be directed to the attention of the Assistant District Attorney named below, who is assigned to this case. Dated: New York, New York November 17, 2022 Respectfully submitted, Alvin L. Bragg, Jr. District Attorney New York County By: Anna Nagler Assistant District Attorney Of Counsel (212) 335-4396 8 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 CRIMINAL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK: PART B THE PEOPLE OF THE STATE OF NEW YORK -against- ADDENDUM TO AUTOMATIC STEPHEN PASTERINO, DISCOVERY FORM Defendant. Docket No. CR- 020102-22NY WITNESS AND RELATED INFORMATION A. Witness Name and Contact (CPL § 245.20(1)(c)) If checked, the People are disclosing the names and adequate contact information of persons, other than law enforcement personnel, known to have evidence or information relevant to an offense with which the defendant is charged or to any potential defense thereto, and who are not subject to a protective order. Unless otherwise specifically noted, each of these persons may be called as a witness. Notice that a custodian of records will be called as a witness is provided solely in an exercise of the People’s discretion. When a specific person is identified by the relevant entity to testify as their designated custodian of records, and that information is known to the prosecutor, the People will disclose to the defense the information required pursuant to this section. Witness Name Contact Information Madison Krause 415 West Broadway, New York, NY B. Defendant and Witness Convictions The following is a complete record of convictions for all defendants and potential prosecution witnesses, other than experts: A rap sheet containing a complete record of this defendant’s convictions was served at arraignment. Criminal convictions for any co-defendants not listed herein are provided separately pursuant to our discovery obligation. 9 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 C. Pending Prosecutions of Potential Witnesses (CPL § 245.20(1)(q)) If checked, the following is a record of all known criminal actions pending against potential prosecution witnesses: D. Promises, Rewards, or Inducements (CPL § 245.20(1)(l)) If checked, the People hereby disclose all promises, rewards, or inducements made to, or in favor of, persons who may be called as witnesses at a future trial, and requests for considerations made by any such persons. E. Law Enforcement Witnesses (CPL § 245.20(1)(d)) The following law enforcement personnel have or may have evidence or information relevant to an offense with which the defendant is charged or to any potential defense thereto. Unless otherwise noted, these individuals are employed by the New York City Police Department. While we have not determined with precision which of the following witnesses will testify in a future proceeding, we have noted below those witnesses whom we expect will testify if there should be a hearing and/or trial. Rank Name Shield Work Affiliation Expected to Testify DET Stephen Russo 3562 1st Precinct Yes PO Joseph Torres 04781 1st Precinct No F. Brady/Giglio/Geaslen Information (CPL § 245.20(1)(k)) If checked, the People are disclosing information, either listed below, appended hereto, or provided through e-discovery, which the People are required to turn over pursuant to the United States or the New York State Constitution and/or which tends to negate the defendant’s guilt as to a charged offense, reduce the degree of or mitigate the defendant’s culpability as to a charged offense, support a potential defense to a charged offense, impeach the credibility of a testifying prosecution witness, undermine evidence of the defendant’s identity as the perpetrator of a charged offense, provide a basis for a motion to suppress evidence, or mitigate punishment. Although this section is entitled “Brady/Giglio/Geaslen Information,” the People do not concede that the information disclosed or referenced herein is, as a matter of law, Brady/Giglio/Geaslen or other similar information. The People reserve the right, at a future date, to object to or to move in limine to prevent the admission into evidence of, or questioning of witnesses about, these matters. Furthermore, there may be materials and information disclosed pursuant to other paragraphs of CPL § 245.20(1), and not separately highlighted under this paragraph, that could constitute responsive materials under this paragraph. a. Detective Stephen Russo 10 FILED: NEW YORK COUNTY CLERK 07/07/2023 07:38 PM INDEX NO. 153563/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 07/07/2023 i. Giglio Disclosure Letter ii. CCRB Disclosure iii. Garrett Disclosure 1. Palacios, Pablo v. City of New York, 20803-2013 2. Salmon, Michael et al v City of New York 304820-2011 If checked, the People have a request pending with the NYPD for responsive material. Where such information has been obtained, it is included above. However, some aspects of this search may be ongoing due to the significant volume of requests received by the NYPD. As any discoverable material becomes available, the People will produce it as soon as practicable. Note that pursuant to section 7-114 of Local Law 166 of 2017, the New York City Law Department makes available to the public on its website information on civil actions alleging misconduct by the New York City Police Department and its individual officers. See https://www1.nyc.gov/site/law/public-resources/nyc- administrative-code-7-114.page G. Expert Witnesses (CPL § 245.20(1)(f)) The People currently do not expect to call on their direct case an expert as a witness at a future hearing or trial. If our expectations change, we will provide the information required pursuant to this paragraph. Dated: New York, New York November 17, 2022 11