U.S. v. Wilson, No. 14-CR-128, Dkt. 20, Deposition of Darren McDuffie at 3-5 (W.D.N.Y. March 16, 2015)

Case 1:14-cr-00128-RJA-HKS Document 20 Filed 03/31/15 Page 1 of 83
1 UNITED STATES DISTRICT COURT
2 WESTERN DISTRICT OF NEW YORK
4 - - - - - - - - - - - - - -X
UNITED STATES OF AMERICA 14-CR-128(RJA)
5
vs.
6 Buffalo, New York
FELIX WILSON, March 16, 2015
7 Defendant. 12:11 p.m.
8 - - - - - - - - - - - - - -X
9
TRANSCRIPT OF PROCEEDINGS
10 BEFORE THE HONORABLE H. KENNETH SCHROEDER, JR.
UNITED STATES MAGISTRATE JUDGE
11
12 WILLIAM J. HOCHUL, ESQ.

United States Attorney
13 BY: EDWARD H. WHITE, ESQ.
Assistant United States Attorney
14 138 Delaware Avenue
Buffalo, New York 14202
15
16 LIPSITZ GREEN SCIME CAMBRIA, LLP

BY: HERBERT L. GREENMAN, ESQ.
17 42 Delaware Avenue, Suite 300
Buffalo, New York 14202
18 Appearing on behalf of the Defendant
19
20
21 AUDIO RECORDER: Llane M. Guidotti
22
TRANSCRIBER: Christi A. Macri, FAPR-CRR
23 Kenneth B. Keating Federal Building
100 State Street, Room 2120
24 Rochester, New York 14614
25 (Proceedings recorded by electronic sound recording,

transcript produced by computer).
2
1 I N D E X
2
WITNESS FOR THE GOVERNMENT
3
Darren McDuffie
4 Direct examination by Mr. White Page 3
Cross-examination by Mr. Greenman Page 26
5 Redirect examination by Mr. White Page 55
Recross-examination by Mr. Greenman Page 56
6
7 Michael Acquino
Direct examination by Mr. White Page 58
8 Cross-examination by Mr. Greenman Page 65
9
James O'Donnell
10 Direct examination by Mr. White Page 70
Cross-examination by Mr. Greenman Page 77
11 Redirect examination by Mr. White Page 80
12
13
14
15 EXHIBIT RECEIVED
16 Government 1 23
Government 2 25
17 Government 3 63
18
19
20
21
22
23
24
25
3
1 P R O C E E D I N G S
2 * * *
3 (WHEREUPON, the defendant is present).
4 THE CLERK: United States vs. Felix Wilson, docket
10:24:48AM 5 number 14-CR-128. This is a suppression hearing.
6 Assistant United States Attorney Edward White
7 appearing on behalf of the Government.
8 And Herbert Greenman appearing with the defendant.
9 MAGISTRATE JUDGE SCHROEDER: Good afternoon.
10:25:10AM10 MR. WHITE: Good afternoon, Judge.
11 MAGISTRATE JUDGE SCHROEDER: We're here for a
12 suppression hearing?
13 MR. WHITE: That's correct, Your Honor.
14 MAGISTRATE JUDGE SCHROEDER: Are we ready to
10:25:42AM15 proceed?
16 MR. WHITE: Yes, Judge.
17 MAGISTRATE JUDGE SCHROEDER: Mr. Greenman?
18 MR. GREENMAN: I'm sorry, yes, Your Honor.
19 MAGISTRATE JUDGE SCHROEDER: Mr. White?
10:25:48AM20 MR. WHITE: Judge, the Government calls
21 Officer Darren McDuffie to the stand.
22 GOVERNMENT'S WITNESS, DARREN MCDUFFIE, SWORN
23 DIRECT EXAMINATION
24 MAGISTRATE JUDGE SCHROEDER: Please be seated.
10:26:52AM25 Would you kindly state your full name and spell your last name
4
1 for the record, please?
2 THE WITNESS: Yes, sir. My full name is Darren
3 McDuffie, M-C-D-U-F-F-I-E.
4 MAGISTRATE JUDGE SCHROEDER: Mr. White.
10:27:08AM 5 MR. WHITE: Thank you, Judge.
6 BY MR. WHITE:
7 Q. Good afternoon.
8 A. Good afternoon, sir.
9 Q. Sir, where are you employed?
10:28:21AM10 A. Buffalo Police Strike Force Task Force.
11 Q. And what's your title with that organization?
12 A. Police officer.
13 Q. How long have you been with the Buffalo Police Department?
14 A. A little over three years.
10:28:36AM15 Q. Can you describe generally for the Court what your duties
16 entail?
17 A. Our job in the Strike Force is to -- is to hit high -- is
18 to patrol high -- high gang areas and violent areas throughout
19 the city; and we also set up roadblocks throughout the city as
10:28:59AM20 well in high crime areas.
21 Q. Have you received training with respect to those duties?
22 A. Yes, sir, I have.
23 Q. Generally what types of training have you received?
24 A. Training dealing with car stops, how to -- how to conduct
10:29:16AM25 proper arrests with certain felonies and so forth.

5
1 Q. Did you receive training at a police academy?
2 A. Yes, sir, I did.
3 Q. And how long did that last?
4 A. Over six months.
10:29:29AM 5 Q. Have you conducted traffic stops in your tenure at the
6 Buffalo Police Department?
8 Q. Approximately how many traffic stops have you conducted in
9 your career?
10:29:41AM10 A. Over hundreds of traffic stops.
11 Q. Have you dealt with -- have you dealt with subjects who
12 have fled the scene from a traffic stop?
14 Q. Approximately how many subjects have you dealt with who
10:29:57AM15 have fled the scene at the traffic stop?
16 A. At least 20 to 30 times.
17 Q. Have you made arrests in your -- with respect to your
18 duties with the Buffalo Police?
10:30:12AM20 Q. Approximately how many arrests have you made in your
21 career?
22 A. Over 200 arrests last year.
23 Q. But do you know -- can you estimate for your career?
24 A. At least -- close to 500 arrests.
10:30:30AM25 Q. Are you familiar with a man named Felix Wilson?

6
1 A. Yes, sir, I am.
2 Q. Do you recognize Mr. Wilson here in the courtroom today?
3 A. Yes, sir, I do.
4 Q. Can you identify him by pointing out a piece of clothing
10:30:43AM 5 he's wearing?
6 MR. GREENMAN: Judge, I'll stipulate that Mr. Wilson
7 is seated next to me.
8 MAGISTRATE JUDGE SCHROEDER: All right, the record
9 will reflect that the defendant has been identified as Felix
10:30:52AM10 Wilson.
11 BY MR. WHITE:
12 Q. How did you become familiar with Mr. Wilson?
13 A. I had -- I had the defendant, Felix Wilson, on a traffic
14 stop.
10:31:26AM15 Q. Do you remember approximately when that was?
16 A. Yes, sir. It was August 22nd, 2013.
17 Q. Can you describe for the Court the events that led up to
18 that traffic stop of Mr. Wilson on that day?
19 A. Yes, sir. My partner and I saw Mr. Felix Wilson riding
10:31:50AM20 his bicycle on the wrong side of the street going against
21 traffic.
22 Q. And what street was that on?
23 A. That was initially on East Ferry.
24 Q. And who was your partner then?
10:32:07AM25 A. My partner was Anthony Fanara.

7
1 Q. And after you saw him, Mr. Wilson riding his bicycle on
2 the wrong side of the street, do you mean riding toward
3 oncoming traffic?
4 A. Yes, sir.
10:34:00AM 5 Q. Or on -- he's riding from his perspective, is he riding on
6 the left-hand side of the street?
7 A. Yes, sir, he was.
8 Q. Then after you witnessed that, what happened?
9 A. I then -- we conducted a traffic stop.
10:34:16AM10 Q. Do you remember where that was?
11 A. It was on East Ferry and Kehr.
12 Q. And is there an actual traffic law that requires riding a
13 bike on the right-hand side of the street?
14 A. Yes, sir, it is.
10:37:00AM15 Q. And do you know what that ordinance is?
16 A. Yes, sir, that is 1234 Alpha, 1234(a).
17 Q. Have you stopped other people prior to this -- to stopping
18 Mr. Wilson, have you stopped other people for riding bikes on
19 the wrong side of the road?
10:37:22AM20 A. Yes, sir, I have.
21 Q. Approximately how many times?
22 A. At that time we stopped several people at that time and I
23 issued them summons for riding on the wrong side of the
24 street.
10:37:34AM25 Q. Then what happened next after you stopped Mr. Wilson for
8
1 this traffic infraction?
2 A. After I stopped Mr. Wilson, Mr. Wilson -- we explained to
3 Mr. Wilson that this was a traffic stop and that he was riding
4 on the wrong side -- he was riding on the wrong side of the
10:37:55AM 5 street.
6 Q. And then what happened?
7 A. Mr. Wilson did flee from officers.
8 Q. Do you remember -- was he holding anything when you first
9 stopped him?
10:38:08AM10 A. Yes, he was.
11 Q. What was that?
12 A. He was holding -- he had a -- he had a few grocery bags in
13 his hand as well while he was actually riding the bicycle.
14 Q. Then what happened with respect to those grocery bags?
10:38:23AM15 A. When he -- when he -- when we conducted the traffic stop,
16 he got off of the bicycle and he placed the bags down.
17 Q. And then after that happened, what occurred?
18 A. After that happened, we were explaining the traffic stop
19 to Mr. Wilson at the same time, and then that's when
10:38:45AM20 Mr. Wilson did flee.
21 Q. Then after he fled, what happened?
22 A. I pursued the defendant.
23 Q. And what happened then during your pursuit of the
24 defendant?
10:38:59AM25 A. While I was pursuing the defendant, he was -- he was

9
1 stripping certain clothing while I was -- while I was pursuing
2 him. He dove head first -- he threw a -- he threw something
3 black over the fence while he was diving head first, and then
4 I dove head first after the defendant.
10:39:26AM 5 Q. And do you remember what it was that he threw over the
6 fence before he dove over it?
8 Q. What was it?
9 A. That was a -- that was a handgun.
10:39:43AM10 MR. GREENMAN: Judge, if we could? I think for
11 purposes of the record -- can I just sit here, Your Honor, and
12 make this objection?
13 MAGISTRATE JUDGE SCHROEDER: Certainly.
14 MR. GREENMAN: For purposes of the record, Judge, I
10:40:06AM15 doubt and my sense is that he didn't learn that it was a
16 weapon until much -- well, at least a few minutes later on.
17 I think the record is sort of misleading that you might think
18 that he saw it was a weapon when I don't think that's what
19 he's testifying to.
10:40:33AM20 MAGISTRATE JUDGE SCHROEDER: You have the right to
21 cross-examine.
22 BY MR. WHITE:
23 Q. Let me back up, I'll clarify.
24 A. Yes.
10:40:50AM25 Q. When you're pursuing the defendant, what did you actually
10
1 see at that time when he threw something over the fence?
2 A. While I was pursuing the defendant, it looked as if it was
3 a small black bag. It didn't -- I didn't know it was a
4 weapon at the time.
10:41:07AM 5 Q. Okay.
6 A. It was a small black bag that he threw over the fence.
7 Q. Okay. Then continue. What happened then after that,
8 after I think you said he threw that --
9 A. Yes, sir.
10:41:18AM10 Q. -- small black bag over the fence, he jumped over the
11 fence?
12 A. Yes.
13 Q. Then what happened?
14 A. I -- I dove -- I dove over the fence after the -- after
10:41:27AM15 the defendant and I dove -- when I dove over the fence, I kind
16 of dove on top of the defendant. And then I tried to place
17 the defendant under arrest at the time.
18 Q. And do you remember where you were then approximately when
19 this occurred? Like what -- what fence it was that he jumped
10:41:52AM20 over and you pursued him over?
21 A. Yes, it was the fence into Winslow, the rear of -- I don't
22 remember -- I don't recall the address. It was in the back
23 yard of the address was on -- was -- the rear of Winslow
24 Street, the back yard.
10:42:11AM25 Q. Was this a residential property?

11
1 A. Yes, sir, it was.
2 Q. So were you in the front yard of this Winslow residence?
3 A. I was in the back yard.
4 Q. Back yard?
10:42:23AM 5 A. Yes, sir.
6 Q. When you observed the defendant throw this black bag over
7 the fence, in your judgment what did it appear that he was
8 trying to do with it?
9 A. He was trying to get -- get rid of it, like -- like he
10:42:42AM10 was -- his other clothing and the other items that he had at
11 the time.
12 Q. And when he jumped over it -- when he jumped --
13 MR. GREENMAN: Judge, just for the record, I object
14 to the conclusion that he's making. I think he can testify
10:42:57AM15 as to the observation, but I think at the conclusion of trying
16 to get rid of it I think is inappropriate. So I object to
17 it, Your Honor.
18 MAGISTRATE JUDGE SCHROEDER: Overruled. If he
19 viewed some sort of action or physical activity, he can
10:43:16AM20 describe it as the act that -- he's used the words to
21 describe.
22 BY MR. WHITE:
23 Q. Officer McDuffie, after -- when he threw the bag over the
24 fence, then he jumped over it, initially did it appear to you
10:43:36AM25 he was trying to recover the bag?

12
1 A. No, sir, it did not, not one bit.
2 Q. Let me back up for a second. Why did you chase him
3 initially when he started to flee?
4 A. We was conducting a traffic stop and we didn't receive any
10:44:21AM 5 ID, we wasn't -- he was basically obstructing -- it was
6 obstructing at the time.
7 Q. And had you witnessed him, in your judgment, commit a
8 traffic violation?
9 A. Yes. Yes, I did.
10:44:38AM10 Q. Again, what was that violation?
11 A. That was riding his bicycle on the wrong side of the
12 street, going the wrong way.
13 Q. Now, when you jumped over the fence and you tackled him,
14 was there then a struggle?
10:44:54AM15 A. Yes, there was.
16 Q. Can you describe that?
17 A. When I -- when he -- when he dove over the fence, I dove
18 after him, he was halfway up, he was trying to get up before I
19 dove on top of him. I do remember that.
10:45:21AM20 So he was actually trying to get -- it was in the
21 same motion. It was very fast. He was trying to get up, I
22 dove on top of him, and then the defendant -- he was -- he was
23 basically struggling to get away from me.
24 Q. During this struggle, did it appear to you was he reaching
10:45:47AM25 for the bag then at that point?

13
1 A. Initially, no, he was not reaching towards the bag
2 initially, but then once I had -- once I had him under my
3 control for my safety, he was -- he was -- his arms was
4 reaching out toward that -- that bag.
10:46:12AM 5 Q. Where -- approximately how far away was the bag from you
6 and him while you were struggling?
7 A. The bag had to be 5 to 10 feet away. No more than 10
8 feet away.
9 Q. And in what direction? Like left, right or in front of
10:46:29AM10 you?
11 A. It was -- it was on the right side of me.
12 Q. Okay. 5 or 10 feet away on your right side?
13 A. Yes, sir.
14 Q. And then what did you -- what did you observe that made
10:46:40AM15 you think the defendant was maybe reaching for the bag?
16 A. Well, the -- the position I had the defendant in for my
17 safety, my partner was having a hard time getting over the
18 fence, so I was alone in the back yard with this defendant
19 while he was struggling to get away from me.
10:47:02AM20 And I had -- I was -- I had my arms wrapped around
21 the defendant and my legs wrapped around the defendant to
22 control him for my safety. He was -- it wasn't -- it worried
23 me that he was actually reaching for something. In my
24 experience with fighting anyone or subduing someone, if in the
10:47:28AM25 position I had the defendant, he will be trying to grab my

14
1 arms or trying to get my arms off of him.
2 Instead of doing that, he was reaching for
3 something and that was -- that really concerned me for my
4 safety. The only -- the only reason I can think at the time
10:47:45AM 5 that he was reaching for something was to use something to get
6 me off of him.
7 Other than that, I never had anyone where I -- my
8 legs and arms was wrapped around them and they was reaching
9 away. They're either grasping my arms or --
10:48:09AM10 MR. GREENMAN: Excuse me, Officer McDuffie, may I
11 just interrupt you? I object to what might have happened
12 previously by other individuals.
13 MAGISTRATE JUDGE SCHROEDER: Sustained. Sustained.
14 BY MR. WHITE:
10:48:33AM15 Q. Let me, just to clarify for the Court, were you -- when
16 you were at this point in time then when you're struggling
17 with the defendant, were you upright or are you both lying on
18 the ground?
19 A. I was actually lying on my back and the -- Mr. Wilson was
10:50:45AM20 on top. I was on the bottom of him, so his back -- his back
21 was on -- his back was facing me as well.
22 Q. Okay. So you're reaching him from behind -- his back is on
23 your chest; is that right?
24 A. Yes, and my legs is wrapped around his legs and my arms is
10:51:06AM25 wrapped around him.

15
1 Q. Okay. Did he actually then try, did you see him try to
2 reach out to the right with his right arm?
3 A. With both of his arms he was reaching to the right, yes.
4 Q. Can you simulate the motion for the Court?
10:51:23AM 5 A. Yes, I can. My -- I mean, this is a basic tactic when --
6 when you're subduing someone when you're by yourself is the
7 safest way to -- if you're by yourself with anyone, you're
8 fighting and trying to conduct an arrest, you don't want to
9 get hurt. So if you can get behind someone and hold them
10:51:43AM10 until backup get there, that's what you do, and so that's what
11 I did.
12 I wrapped my legs around him. I had my arms
13 wrapped around him. And while I was doing that, initially he
14 didn't do -- he didn't do -- initially, he was trying to get
10:52:16AM15 away. Once I had him, he couldn't move, he was then reaching
16 like this very weird, he was reaching to the right, he was
17 looking, reaching to the right.
18 All I can think is what is he trying to reach? I
19 didn't know what was there, but I don't know why he was
10:52:42AM20 reaching to the right trying to reach something. The only
21 way I can think is he's reaching something to get me off of
22 him.
23 Q. Did you then -- I take it did you have your arms wrapped
24 just around his torso so his arms were open or did you
10:52:56AM25 actually try to constrain his arms as well?

16
1 A. No. My -- my arms wasn't around his arms. It was -- it
2 was towards the top of his body.
3 Q. Okay. Now, then eventually were you able to subdue
4 Mr. Wilson then?
10:53:17AM 5 A. Yes, sir, we were.
6 Q. Were you able to handcuff him?
7 A. Yes, sir.
8 Q. And was he arrested?
10:53:25AM10 Q. And what happened then with the black bag?
11 A. After he was arrested, I then recovered the black bag.
12 Q. And what happened then when you -- did you actually pick
13 it up?
10:53:42AM15 Q. And what did you notice when you picked it up?
16 A. It was very heavy and I can feel the -- I can feel that it
17 was a weapon inside of that bag.
18 Q. Before you opened it?
19 A. Yes, sir.
10:53:55AM20 Q. And how could you tell just by touching the bag that it
21 contained a gun?
22 A. The bag was very thin, very small. So, I mean, if it was
23 a banana in the bag, I'd be able to know that it was a banana.
24 In this case, it wasn't a banana, it was a gun. I can feel
10:55:43AM25 the outline of the weapon.

17
1 Q. Can you describe what type of bag it was in your judgment?
2 A. It was a -- it looked as if it was a cologne bag, like a
3 bag that cologne would come in, like a -- when you purchase
4 cologne, it has a string wrapped around it and it's very
10:56:25AM 5 light. So it was a small black cologne bag.
6 Q. Now, then after you picked up the bag and felt it and felt
7 that it was a gun, what happened then?
8 A. After that --
9 Q. Did you open the bag then?
10:56:55AM10 A. Yes, I did.
11 Q. Okay. And what did you discover then when you opened the
12 bag?
13 A. I discovered a small black .22 caliber handgun.
14 Q. Okay. And why did you then open the bag?
10:57:12AM15 A. For officer safety, I wanted to make sure if it was a
16 weapon in that bag I immediately wanted to make sure that
17 weapon was safe and clear.
18 Q. Approximately around this time while all this was going
19 on, approximately how long did this take from the time you --
10:57:30AM20 from the time the defendant fled and you started to pursue him
21 until the time you opened the bag?
22 A. I will say 10 to 15 minutes.
23 Q. And what was Officer -- your partner, Officer Fanara,
24 doing at this time?
10:58:05AM25 A. At the time I was making the weapon safe and clear?
18
1 Q. Yes.
2 A. I don't recall exactly what he was doing at the time. He
3 was on scene. I don't recall his actions. He was assisting
4 with the arrest, but I don't recall.
10:58:19AM 5 Q. Did he call for help or backup?
6 A. Yes, he did call for back up, yes, he did.
7 Q. And eventually did any other officers arrive for -- to
8 assist you?
9 A. Yes, they did.
10:58:33AM10 Q. Do you remember who arrived?
11 A. I don't remember all of the officers that was there on
12 scene, but I do remember Officer Acquino and I remember
13 Officer O'Donnell.
14 Q. And when Officer Acquino arrived, what did he do?
10:59:30AM15 A. When Officer Acquino arrived, he did conduct a search or
16 pat-down of the defendant for officer safety, and then he
17 did -- he recovered marijuana off of the defendant, Felix
18 Wilson; and he also read his rights as well.
19 Q. Let me back up. Do you know why he conducted a pat-down
11:00:07AM20 search of the defendant?
21 A. Yes, officer safety. Before we put anyone in the back of
22 our patrol cars, even if it's not resulting in a arrest we
23 make sure --
24 MR. GREENMAN: Judge, I guess -- I think that
11:00:21AM25 Officer Acquino is going to testify here. I object as to the

19
1 reason why Officer Acquino would do it, at least in Officer
2 McDuffie's mind or opinion.
3 MR. WHITE: I'm just asking if he knows under the
4 terms of protocol why Officer Acquino did the pat-down search.
11:00:43AM 5 MAGISTRATE JUDGE SCHROEDER: Well, now you've
6 broadened it. Since we're going to have Officer Acquino
7 testify, I'll sustain the objection.
8 BY MR. WHITE:
9 Q. Officer McDuffie, based on your training and your
11:01:21AM10 judgment, is a pat-down search under these circumstances
11 routine?
13 Q. And why is that?
14 A. Always officer safety.
11:01:33AM15 Q. Did you suspect that the defendant may be armed?
16 A. I had no idea. We wanted to make sure he wasn't, make
17 sure he didn't have any other weapons on him.
18 Q. Let me back up, although I think you said it. Do you
19 know what Officer Acquino found during the pat-down search?
11:02:01AM20 A. Yes, I do.
22 A. He found marijuana on the defendant.
23 Q. And then what happened after that, after he discovered the
24 marijuana?
11:02:15AM25 A. After that he placed the defendant inside the vehicle and
20
1 did -- then he read Mr. Felix his rights.
2 Q. Did you witness Officer Acquino read the defendant his
3 rights?
11:02:32AM 5 Q. And how do you recall that?
6 A. I can see him, I can see him leaning over while he was in
7 the car reading his rights.
8 Q. And did you notice him holding anything while he was
9 reading -- while he was reading the defendant his rights?
11:02:48AM10 A. Yes, sir, I did.
12 A. It was the Department issued Miranda card.
13 Q. Are you familiar with that card?
11:02:57AM15 Q. Can you generally describe for the Court what that card
16 contained?
17 A. Yes, it's a small white card with black writing on it and
18 it states "Miranda rights" at the top.
19 Q. Did the defendant make any statements during this time?
11:03:17AM20 A. Yes, sir, he did.
21 Q. Did you hear him make any of those statements?
23 Q. And what statements did you hear him make?
24 A. He was in the rear of the patrol vehicle. I would -- if
11:03:33AM25 I can, I would have to refer to the paperwork to make sure --

21
1 Q. Well, just based on your recollection.
2 A. Okay. From my recollection he stated that -- he was
3 talking to Officer Fanara in the rear of our patrol vehicle
4 and he was asked "why did you run?"
11:03:54AM 5 He said, "I only had weed on me," from what I
6 remember at the time.
7 Q. And based on your recollection, was he read his Miranda
8 rights prior to making that statement?
11:04:12AM10 Q. Do you recall if the defendant made any other statements
11 besides that regarding the marijuana on him?
12 A. There was other statements, but I do not recall them.
13 Q. Again, Officer McDuffie, based on your interaction with
14 the defendant, did he ever tell you that he did not want to
11:04:41AM15 talk to you?
16 A. No, sir, he did not.
17 Q. Did he ever say to you that he didn't want to make any
18 sort of statement to anyone?
11:04:49AM20 Q. Did he ever tell you that he wanted a lawyer?
22 Q. Did you ever hear him say that to anyone else?
23 A. No, sir.
24 Q. Did you end up issuing the defendant a traffic ticket that
11:05:06AM25 day?
22
2 Q. If you recall, for what offense was that issued?
3 A. 1234(a), riding on the wrong side of the street on a
4 bicycle.
11:05:18AM 5 Q. I'm going to show you what's been identified as
6 Government's Exhibit 1.
7 Judge, may I use the ELMO?
8 MAGISTRATE JUDGE SCHROEDER: Yes.
9 BY MR. WHITE:
11:05:47AM10 Q. Can you see that, Officer McDuffie?
11 A. Yes, sir, I can.
12 Q. It's kind of hard to read, but do you recognize that
13 document?
11:05:54AM15 Q. What is that?
16 A. It's a traffic ticket.
17 Q. And who is it --
18 A. That's good.
19 Q. You see towards the top, who is this traffic ticket issued
11:06:12AM20 to?
21 A. The defendant, Felix Wilson.
22 Q. And what date is on this document?
23 A. That is August 22nd, 2013.
24 Q. And, Officer McDuffie, was this ticket made in the regular
11:06:32AM25 course of your duties as a police officer?

23
2 Q. Was it made at or near the time of the events described in
3 this document?
11:06:42AM 5 MR. WHITE: Judge, I would ask that Government
6 Exhibit 1 be admitted.
8 MR. GREENMAN: No objection.
9 MAGISTRATE JUDGE SCHROEDER: There being no
11:06:49AM10 objection, Government Exhibit 1 is received in evidence.
11 (WHEREUPON, Government Exhibit 1 was received into
12 evidence).
13 BY MR. WHITE:
14 Q. Officer McDuffie, what specifically is the defendant
11:06:57AM15 charged with in this traffic citation?
16 A. Failure to keep right, bicycle, 1234(a).
17 Q. And is that a reference to the traffic law section?
19 Q. And was that, in fact -- was that the basis for your
11:08:22AM20 traffic stop of the defendant?
22 Q. Officer McDuffie, was there -- was there a notice prepared
23 regarding the statements the defendant made?
11:08:34AM25 Q. And who was involved in preparing that notice, if you

24
1 would know?
2 A. The arresting officers and the RT's prepare that in
3 Central Booking.
4 Q. You say "RT."
11:08:51AM 5 A. I'm sorry, report technicians in Central Booking.
6 Q. Let me -- I'm going to show you what's been marked as
7 Government Exhibit 2. Do you recognize that document?
9 Q. What's that document?
11:09:51AM10 A. This is a 710.30 document for defendant's statement.
11 Q. And what -- in general what does 710.30 contain?
12 A. This contained any statements the defendant made.
13 Q. Is it your understanding that this particular form was
14 produced in the regular course of your duties as a police
11:10:34AM15 officer?
17 Q. Was it made at or near the time of the events described in
18 this document?
11:10:42AM20 MR. WHITE: Judge, I ask that Government Exhibit 2
21 be admitted.
23 MR. GREENMAN: No objection, Your Honor.
11:10:47AM25 objection, Government Exhibit 2 is received in evidence.

25
1 (WHEREUPON, Government Exhibit 2 was received in
2 evidence).
3 BY MR. WHITE:
4 Q. Officer McDuffie, if you could, if you could just read the
11:10:56AM 5 middle paragraph there that's in bold and underlined?
6 A. The middle paragraph?
7 Q. Yeah. Beginning after "being read." Do you see that?
8 A. Yes.
9 Q. Could you read it out loud, please?
11:11:14AM10 A. Yes, sir. While in the rear of patrol vehicle 898 --
11 Q. I'm sorry, could you start at the --
12 A. Yes, sir. After being read his rights and being placed
13 under arrest, while in rear of patrol vehicle 898,
14 Officer Anthony Fanara asked the defendant "why did you take
11:11:34AM15 off on us?"
16 The defendant stated, "I had weed on me. Where
17 I'm from, you get arrested for having weed on you."
18 The defendant did spontaneously state in the rear
19 of patrol vehicle 898 "I can help you out if you can help me
11:11:53AM20 out."
21 Q. Okay. Continue.
22 A. After being read his rights and being placed under arrest,
23 while at 312 Perry, the defendant did spontaneously state to
24 Officer James O'Donnell "that is a cut gun."
11:12:14AM25 Q. Based on your understanding is that an accurate

26
1 description of what occurred that day with respect to
2 Mr. Wilson?
4 MR. WHITE: Nothing further, Judge.
11:12:26AM 5 CROSS-EXAMINATION
6 BY MR. GREENMAN:
7 Q. Officer (inaudible)?
8 A. Hello, sir. How are you?
9 Q. Officer McDuffie, as I understand it, your testimony is
11:13:27AM10 that -- we'll say the person who was driving the vehicle, I
11 know that you found out later that it was Mr. Wilson, you
12 observed --
13 MAGISTRATE JUDGE SCHROEDER: You mean the bicycle?
14 MR. GREENMAN: Riding the bicycle, right? I was
11:13:44AM15 just making a comment so --
16 MAGISTRATE JUDGE SCHROEDER: You said "driving the
17 vehicle."
18 MR. GREENMAN: Oh, I'm sorry. Well, it's a
19 vehicle.
11:13:53AM20 MAGISTRATE JUDGE SCHROEDER: Well, all right.
21 MR. GREENMAN: I was wrong. I didn't mean to say
22 "vehicle," but now that I'm thinking of it, Judge, I just want
23 to make sure that I'm right.
24 MAGISTRATE JUDGE SCHROEDER: I just want to make
11:14:24AM25 sure the record --

27
1 MR. GREENMAN: I understand, Judge.
2 MAGISTRATE JUDGE SCHROEDER: -- is clear that we're
3 talking about a bicycle and not an automobile.
4 MR. GREENMAN: I understand, Your Honor. I
11:14:32AM 5 apologize, Judge.
6 BY MR. GREENMAN:
7 Q. You're in a patrol vehicle; is that correct?
9 Q. And it's, give or take, about what time is it?
11:15:00AM10 A. During the afternoon.
11 Q. Okay. It was light out?
13 Q. It was summertime?
11:15:09AM15 Q. And the weather was that day; do you recall?
16 A. It was daytime outside, sir.
17 Q. Okay. Was it sunny out?
18 A. From what I recall, yes.
19 Q. The sky was clear?
11:15:24AM20 A. I'm sorry, I do not recall what the sky was like a year
21 and a half ago. My apologies.
22 Q. That's okay. You were traveling in a patrol vehicle; is
23 that correct?
24 A. Yes, sir, I was.
11:15:37AM25 Q. And were you the driver or the passenger?

28
1 A. I actually do not recall if I was driving or the passenger
2 at the time.
3 Q. Okay. But in any event, your recollection is that you are
4 traveling in what direction?
11:15:55AM 5 A. We was traveling east.
6 Q. Eastbound on East Ferry; is that correct?
7 A. Yes, sir, we were.
8 Q. And at some point in time you see a vehicle, at least
9 shortly before it turns onto Kehr; is that correct?
11:16:13AM10 A. No, sir, we did not.
11 Q. You didn't see the vehicle on East Ferry?
12 A. No, sir, we saw a bicycle.
13 Q. I'm sorry, forgive me for saying "vehicle." If I say it,
14 you understand I mean a bicycle, okay?
11:16:28AM15 You saw someone riding a bicycle traveling
16 westbound on East Ferry; is that correct?
17 A. Yes, sir.
18 Q. And you observed the bicycle at least with the person on
19 it shortly before it makes a left-hand turn onto Kehr; is that
11:16:48AM20 correct?
21 A. Yes, sir.
22 Q. Okay. So he was actually stopped on Kehr; is that
23 correct?
24 A. Kehr and East Ferry.
11:16:56AM25 Q. Okay. Where -- how far were you from the intersection in
29
1 your vehicle when you first see the bicycle turning onto Kehr?
2 A. Say again, sir.
3 Q. Where -- how far was your vehicle, the patrol vehicle,
4 away from East Ferry when you -- when you see the bicycle on
11:17:23AM 5 East Ferry turning onto Kehr?
6 MR. WHITE: Objection, Judge.
7 MAGISTRATE JUDGE SCHROEDER: Sustained. You -- I
8 think you misspoke. You said, "how far was your vehicle,
9 patrol car" --
11:17:36AM10 MR. GREENMAN: Right.
11 MAGISTRATE JUDGE SCHROEDER: -- "from East Ferry?"
12 MR. GREENMAN: I'm sorry, from Kehr.
13 MAGISTRATE JUDGE SCHROEDER: They were on East
14 Ferry.
11:18:17AM15 MR. GREENMAN: Forgive me, Judge.
16 BY MR. GREENMAN:
17 Q. How far was your vehicle from Kehr while you were on East
18 Ferry when you see the vehicle traveling in the westbound
19 direction and then turning onto Kehr?
11:18:33AM20 A. Not far at all, sir.
21 Q. So your testimony is, though, that at least some --
22 somewhat prior to the time that the bicycle makes a left-hand
23 turn onto Kehr, you see it on East Ferry; is that correct?
24 A. That's affirmative.
11:19:00AM25 Q. And that curb where it was closest to would be on the

30
1 south side of East Ferry; is that correct?
2 MR. WHITE: Judge, I'm going -- if he knows. I
3 don't know -- this is becoming a memory test on directions,
4 the roads and what's east from west and south from north.
11:19:27AM 5 MAGISTRATE JUDGE SCHROEDER: Well, he's an
6 experienced officer who apparently patrolled that area and
7 Ferry Street does run east and west. Kehr Street does run
8 north and south.
9 The officer's already testified that the bicycle
11:19:51AM10 rider and the bicycle were traveling on the wrong side of
11 Ferry Street. Since the officer's vehicle was traveling east
12 on Ferry Street, I conclude, at least until I hear something
13 else to indicate differently, the bicycle would have been over
14 on the south side of Ferry Street heading west.
11:20:44AM15 MR. GREENMAN: I agree with that, Judge.
16 MAGISTRATE JUDGE SCHROEDER: Am I correct, Officer?
17 THE WITNESS: Yes, sir. Thank you, Your Honor.
18 BY MR. GREENMAN:
19 Q. Now, as I understand it, and not to beat a dead horse,
11:20:56AM20 your testimony is that you were facing eastbound; is that
21 correct? On East Ferry; is that correct?
22 A. Yes, sir.
23 Q. And the vehicle -- you saw the vehicle shortly before it
24 makes its turn onto Kehr, correct?
11:21:33AM25 A. The bicycle, yes, sir.

31
1 Q. Traveling in -- I guess what you're trying to describe is
2 facing traffic; is that correct? If there was a car that was
3 driving eastbound on East Ferry, the bicycle would be facing
4 that vehicle; is that correct?
11:21:53AM 5 A. Yes, sir.
6 Q. Okay. And when was it that you put on -- well, how did you
7 designate to the bicyclist that you wanted him to stop?
8 A. We conducted a traffic stop.
9 Q. How?
11:22:10AM10 A. By activating our overhead lights.
11 Q. And where was the vehicle when the lights were activated?
12 A. East Ferry and Kehr.
13 Q. Okay. And I take it that at some point in time the vehicle
14 had already began its turn or begun its turn onto Kehr; is
11:22:32AM15 that correct?
16 MR. WHITE: Objection, Judge. I just want to make
17 sure Mr. Greenman is distinguishing from the patrol vehicle
18 and the bike. Can we use those terms instead?
19 MR. GREENMAN: Sure.
11:22:45AM20 BY MR. GREENMAN:
21 Q. The bicycle was -- by the time that you activated your
22 overhead lights, the bicycle that was going westbound on East
23 Ferry and about to turn onto Kehr; is that correct?
24 A. Yes, sir.
11:23:06AM25 Q. Okay. And I take it you can't recall how far the bicycle
32
1 was before you first saw it traveling in what you described as
2 the wrong side of the road?
4 Q. Was it just a short distance before the bicycle reached
11:23:25AM 5 Kehr Street that you noticed that the bicycle was driving in
6 what you described as the wrong side of the road?
7 A. Yes, sir, it was a very short distance.
8 Q. How close to the curb was the bicycle riding?
9 A. I'm sorry, I do not recall, sir.
11:23:43AM10 Q. It wasn't in the middle of the street, middle of East
11 Ferry Street; is that -- is that correct?
12 A. Yes, sir.
13 Q. At least as best you can recall, it was at least close to
14 the curb on the south side of East Ferry, correct? The
11:24:01AM15 bicycle; is that right?
16 A. He was in violation, he was riding his bicycle on the
17 wrong side of the road.
18 Q. Well, you mention now the violation and you mentioned
19 before to Mr. Smith -- I'm sorry, Mr. White that you charged
11:24:21AM20 him with a violation of Section 1234(a) of the New York State
21 Vehicle and Traffic Law; is that correct?
22 A. Yes, sir.
23 Q. Can you tell me what that statute says?
24 A. Say again.
11:24:37AM25 Q. What does the statute say, 1234(a) of the Vehicle and
33
1 Traffic Law? What does the statute say?
2 A. It's for riding -- if you're riding your bicycle on the
3 wrong side of the street against traffic, you're in violation
4 of that 1234(a).
11:24:57AM 5 Q. All right. Is there anything else that it says, to your
6 knowledge?
7 A. To my knowledge, no.
8 Q. Nothing else?
9 A. The statute says -- it's a very long statute. I do not
11:41:11AM10 have it -- I'm sorry, I don't have it memorized off the top of
11 my head.
12 Q. That's okay.
13 A. I do have that part of it down pat, though.
14 Q. All right. I'm not trying to embarrass you, Officer
11:41:22AM15 McDuffie. Please understand. And I understand that you may
16 not recall specifically everything that it says, but your
17 recollection as you sit here today going back to August of
18 2013, your recollection is that something to the effect that
19 if the vehicle -- if the bicycle is traveling on the wrong
11:41:49AM20 side of the road, it's in violation of the statute; is that
21 correct?
22 A. That's correct, sir.
23 Q. Now, do you know whether it's mandatory that a person has
24 to be traveling with traffic as opposed to against traffic as
11:42:11AM25 Mr. Wilson was while he was on his bicycle?

34
1 A. On East Ferry, yes, you cannot ride your bicycle on that
2 side of the road against traffic --
3 Q. Under any circumstances?
4 A. -- it's a violation.
11:42:23AM 5 Q. I'm sorry, I didn't mean to interrupt you. Forgive me.
6 But under any circumstances is your testimony; is that
7 correct?
8 A. Mr. Wilson -- in Mr. Wilson's circumstance, it was in
9 violation of a New York State traffic summons.
11:42:40AM10 Q. Your testimony is that there would be no exclusion or no
11 ability for Mr. Wilson as he's traveling on his bicycle the
12 way he was to be near the curb as he was turning onto Kehr? I
13 guess that's your testimony, correct?
14 A. Mr. Wilson was in violation of 1234(a), sir.
11:43:12AM15 Q. Okay. No question that the bicycle turned onto Kehr; is
16 that correct?
17 A. Say again.
18 Q. The bicycle made a left-hand turn onto Kehr Street; is
19 that correct? That's what you saw?
11:43:23AM20 A. Yes, sir.
21 Q. And you now indicated that at least someone in the vehicle
22 activated the overhead lights; is that correct? On the police
23 patrol vehicle.
24 A. Yes, sir.
11:43:40AM25 Q. And that was at some point in time as the bicycle is

35
1 turning onto Kehr by that point in time, correct?
2 A. Yes, sir.
3 Q. And you indicated then that you activated a stop. How
4 did you stop Mr. Wilson or the bicycle? What did you do?
11:44:04AM 5 A. We conducted a traffic stop.
6 Q. But how? How did you -- do you recall how? If you don't
7 recall, you can say you don't recall.
8 A. Oh, no, I recall. It's the same as all of our other
9 hundreds of traffic stops we conduct. We activate our
11:44:21AM10 overhead lights and the bicycle, pedestrian or a vehicle
11 stops.
12 Q. Okay. Do you recall whether you were behind the bicycle or
13 in front of the bicycle?
14 A. We were --
11:44:32AM15 Q. If you recall?
16 A. From what I recall, we was behind the bicycle.
17 Q. Okay. I take it that you don't have a specific
18 recollection one way or the other?
19 A. No. We were behind the bicycle initially.
11:44:46AM20 Q. All right. Initially. Did you -- did the patrol vehicle
21 then go to the other side, to the front side of the bicycle?
22 A. From what I recall we were behind the bicycle.
23 Q. Okay. Now, as the bicycle turned onto Kehr and where the
24 bicycle was stopped, I take it it was by the curb side on
11:45:16AM25 Kehr -- on Kehr Street; is that correct?

36
2 Q. The bicycle when it stopped, did it stop near the curb on
3 Kehr Street?
4 A. I don't recall exactly where that bicycle stopped.
11:45:34AM 5 Q. Do you recall it wasn't in the middle of the street, was
6 it?
7 A. No, not -- not exactly in the middle of the street, no.
8 Q. Now, we've testified -- you've testified before that Kehr
9 runs in a north/south direction; is that correct?
11:45:55AM10 A. Yes, sir.
11 Q. And which lane was the bicycle in when you stopped it or
12 when it came to a halt?
13 A. I do know the bicycle was on the right side of the street.
14 Q. Okay. Closest to the curb on the right-hand side; is that
11:46:24AM15 correct?
16 A. Yes.
17 Q. And that would be the side that is traveling with traffic;
18 is that correct?
19 A. Yes, sir.
11:46:33AM20 Q. So that -- and can I assume that you would then say that
21 while he's on Kehr Street in the direction that he's going,
22 he's driving it -- his vehicle in the proper lane at that
23 point in time, correct?
24 A. My apologies, sir. There's no assumption. He was in
11:46:53AM25 violation while he was on East Ferry Street before he made --

37
1 Q. I'm not asking that question. I'm asking while he's on
2 Kehr.
3 A. Say again.
4 Q. You said that he was -- that he was traveling on Kehr in a
11:47:18AM 5 direction that was in the flow with traffic; is that correct?
6 The bicycle?
7 A. When he made a left turn onto Kehr, yes, sir, it was.
8 Q. Okay. So he crosses over Kehr and he goes into the lane
9 that is going in a southbound direction; is that correct?
11:47:38AM10 A. Yes, it was, yes, sir.
11 Q. And he winds up closest to the curb; is that correct?
12 A. He was closest to the curb, yes, he was.
13 Q. So while he's on Kehr, just see if you can focus, forget
14 about East Ferry just for a moment, okay? I understand what
11:48:05AM15 you're saying, that you thought that somehow he was traveling
16 against traffic on East Ferry.
17 My question is: While he is turned -- or after he
18 has turned onto Kehr, he's driving in an appropriate direction
19 in the appropriate lane, true?
02:19:40PM20 A. While on Kehr, yes.
21 Q. Okay. Do you recall how far down the vehicle finally came
22 to a halt on Kehr?
23 A. It wasn't far from East Ferry, a very short distance.
24 Q. Okay. You traveled that route often?
02:20:01PM25 A. Yes, sir.

38
1 Q. All right. And is there a fire hydrant at the end of Kehr
2 as it comes in to East Ferry?
3 A. My apologies, sir, I do not recall.
4 Q. Okay. Is there a driveway that he would have passed on
02:20:12PM 5 the right-hand side before he stopped his vehicle?
6 A. I can't testify to that. I do not know. My apologies.
7 Q. Okay. In any event, at somewhere somehow on Kehr the
8 vehicle -- the bicycle comes to a full stop; is that right?
9 A. Yes, sir.
02:20:31PM10 Q. And do you get out of your patrol vehicle?
12 Q. And did Officer Fanara get out of his patrol vehicle?
13 A. Yes, sir, he did.
14 Q. Okay. And I take it you don't know -- recall which side
02:20:46PM15 you got out of because you don't know if you were the driver
16 or the passenger; fair to state?
17 A. Yes, sir.
18 Q. Okay. In any event, you begin to approach Mr. Wilson; is
19 that correct?
02:21:00PM20 A. Yes, sir.
21 Q. And was he still on the bike, sort of like straddling the
22 bike at that point in time?
23 A. Actually, I do not recall what he was doing at that point.
24 Q. Okay. But you came -- you came close to being where he
02:21:18PM25 was; is that correct?

39
1 A. Yes, yes, sir, he was.
2 Q. And your intention was to do what?
3 A. Was to -- well, first explain to him that this was a
4 traffic stop and get -- receive his license or some type of
02:21:37PM 5 identification from Mr. Wilson.
6 Q. Now, I take it, sir, that in every traffic stop, be it a
7 bicycle or a vehicle, when somebody is close to you you've
8 mentioned something about officer safety; is that correct?
9 A. Yes, sir.
02:21:55PM10 Q. Before? And do you use the same officer safety formula
11 when you come into contact with someone like Mr. Wilson, who
12 is riding a bicycle who has been stopped?
13 MR. WHITE: Objection, Judge, vague.
14 BY MR. GREENMAN:
02:22:13PM15 Q. Do you pat him down like you normally do?
16 A. For a traffic stop?
17 Q. Yeah, for officer safety.
18 A. I'm sorry, I don't understand your questioning, sir.
19 Q. Do you pat an individual such as Mr. Wilson down for
02:22:32PM20 officer safety under the circumstances that existed on
21 August 22nd, 2013?
22 A. When we pull over a vehicle --
23 MR. WHITE: I'm sorry, objection again, Judge. Is
24 this a hypothetical?
02:22:46PM25 BY MR. GREENMAN:

40
1 Q. I'll ask you directly, I suspect you may not remember, but
2 do you recall when you -- patting Mr. Wilson down that day?
3 Either you or Officer Fanara? If you don't remember, you can
4 say you don't recall.
02:23:01PM 5 A. No, I do not recall that, sir.
6 Q. Okay, fair enough. In any event, you had some
7 conversation with Mr. Wilson; is that correct?
8 A. Yes, sir, we did.
9 Q. And what did you say to him?
02:23:18PM10 A. From what I recall, we was explaining to Mr. Wilson that
11 we were actually pulling him over for riding on the right side
12 of the street.
13 Q. Did he say anything to you?
14 A. I do not recall what he said exactly.
02:23:32PM15 Q. And did you ask him for his -- at that point for his
16 license and registration?
18 Q. He wasn't driving a car, but you asked him for
19 identification?
02:23:45PM20 A. Yes, sir.
21 Q. All right. And did he begin to show you any
22 identification?
23 A. I do not recall that, no, sir.
24 Q. Now, in any event, how close to Mr. Wilson were you when
02:23:57PM25 you had this initial conversation?

41
1 A. Very close.
2 Q. Can we say like face-to-face basically? That close, like
3 a foot away, give or take?
4 A. Basically face-to-face.
02:24:12PM 5 Q. Okay. And if you can recall, in what direction was
6 Mr. Wilson standing when you had the first part of the
7 conversation with him? Was he facing -- if you recall, toward
8 East Ferry or was he facing toward -- I guess the next street
9 down is Woodlawn; is that correct?
02:25:01PM10 A. My apologies, sir, I don't recall which direction we were
11 facing a year and a half ago. My apologies.
12 Q. Okay. Were you facing him or was Officer Fanara facing
13 him?
14 A. I do not know where Officer Fanara was facing at the time.
02:25:27PM15 Q. Were you facing him?
16 A. I do not recall that, sir.
17 Q. And you don't recall how close Officer Fanara was to him
18 either; is that correct?
19 A. We both were fairly close to the defendant.
02:25:40PM20 Q. All right. When you first approached him, I think that
21 you were armed; is that correct?
22 A. We were on duty, yes, sir.
23 Q. All right. And you had weapons holstered at that time
24 when you approached Mr. Wilson?
02:25:56PM25 A. Yes, sir, we did.

42
1 Q. Did you have your hand on your holster initially?
2 A. No, sir, we did not.
3 Q. You can say that for Officer Fanara?
4 A. Yes, sir, I can.
02:27:13PM 5 Q. Where was Officer Fanara when you started approaching
6 Mr. Wilson?
7 A. I do not know exactly where Officer Fanara was. He
8 was -- we were both talking to Mr. Wilson on scene.
9 Q. Okay. My question is as you got out of the police car,
02:27:32PM10 your testimony that the police car, the vehicle, the patrol
11 car was behind the bicycle as it had stopped; is that correct?
12 A. Yes, sir, from what I recall.
13 Q. Okay. You just testified that you could not say where
14 Officer Fanara was located; is that correct?
02:28:43PM15 A. Yes, sir. We were both on scene -- we were both on scene
16 when we put -- when we was conducting the traffic stop.
17 Q. Okay.
18 A. Yes, sir.
19 Q. In any event, your testimony is that Mr. Wilson initially
02:29:00PM20 had a grocery bag; is that correct? With him?
21 A. Yes, it was a few grocery bags he had with him.
22 Q. Okay. And what -- was he carrying it with him as he was
23 riding the bicycle or was it attached to the handle bar of the
24 bicycle?
02:29:17PM25 A. I don't know if it was attached to the handle bars. I do

43
1 know he had -- he had grocery bags in his hand while he was on
2 the bicycle, sir.
3 Q. All right. So now if you recall, the bicycle comes to a
4 stop and when, if any time, does Mr. Wilson get off the
02:29:36PM 5 bicycle?
6 A. When we conducted the stop, pretty much got off the
7 bicycle.
8 Q. Okay. And he was facing you?
9 A. I do not know which direction myself or Mr. Wilson or
02:30:01PM10 Fanara was facing. We were all on scene at the time.
11 Q. All right. At least you were within close distance, you
12 said maybe within a foot of where he was ultimately standing;
13 is that correct?
14 A. We were all within close distance of each other.
02:30:20PM15 Q. All right. Whether Officer Fanara was in front of him or
16 behind him, you cannot say?
17 A. I cannot say.
18 Q. And you can't -- I think you're testifying that you cannot
19 say whether you were in front of him or behind him either; is
02:30:35PM20 that correct?
21 A. No, I was not behind the defendant. I do know I was in
22 front.
23 Q. Okay. So you were facing him; is that correct?
24 A. I was in front of the defendant, yes, I do remember that.
02:30:46PM25 Q. Okay, but can you say that you were not standing next to
44
1 Officer Fanara?
2 A. No, I didn't know exactly where Officer Fanara was
3 standing. I do know we were on scene, we were -- we were all
4 very close to each other.
02:31:12PM 5 Q. Okay.
6 A. I cannot testify to exactly where our positioning was. I
7 do know I was facing the defendant. I do not know where
8 Officer Fanara -- where exactly he was standing at the time, I
9 don't know if he was on the left or the right side of the
02:31:27PM10 defendant. I do not recall that.
11 Q. Okay. But in any event, the testimony is that, as I
12 understand it, that you ask him for some identification. I
13 guess my question is did you get the identification?
14 A. No, sir, we did not.
02:32:30PM15 Q. Okay.
16 A. Not from what I recall, no.
17 Q. I'm sorry. The purpose for asking for the identification
18 was what? What reason?
19 A. Every single traffic stop we conduct, whether it's
02:32:43PM20 pedestrian, bicycle or vehicular, we ask for identification.
21 We are not able to write a traffic ticket without
22 identification. It's impossible.
23 Q. So the whole purpose for the stop of this vehicle and your
24 approaching him, standing in close distance to him, asking for
02:33:05PM25 identification was based upon your position that he had

45
1 violated the vehicle and traffic law of New York State; is
2 that correct?
3 A. We were conducting a traffic stop, yes, sir.
4 Q. Okay. And it was based upon, as you've described it a few
08:16:37AM 5 moments ago, what your interpretation, your recollection of
6 what the statute says or said; is that correct?
7 A. No, sir. It is not my interpretation. I did not recite
8 the statute verbatim. However, when we put 1234(a) in our
9 computer system, it comes up one very short sentence, okay?
08:17:01AM10 And that is on your paperwork.
11 Q. And you --
12 A. He wasn't on the right side of the street.
13 Q. And you relied on that?
14 A. What was that, sir?
08:17:10AM15 Q. And you relied upon whatever the short sentence is that
16 comes up through the computer?
17 A. That's New York State law inside of our computer, sir.
18 Q. Well, the description of the violation on the summons you
19 wrote says "failure to keep right, bicycle"?
08:17:29AM20 A. Yes, sir.
21 Q. And that's based upon your observation as you saw it while
22 he was traveling the short distance getting ready to turn onto
23 Kehr; is that correct?
24 A. That is a violation of 1234(a).
08:17:45AM25 Q. Okay. Now, you testified that at some point in time he

46
1 starts to run away, Mr. Wilson begins to run away from you; is
2 that correct?
3 A. Yes, sir.
4 Q. And is there a -- was there a sidewalk on Kehr closest to
08:18:02AM 5 where you were keeping or watching Mr. Wilson?
6 A. I don't remember if there were -- if there was a driveway
7 or a sidewalk.
8 Q. Did he immediately jump over the closest fence or did he
9 run down Kehr for a distance?
08:18:20AM10 A. No, sir, he did not.
11 Q. Did not what?
12 A. He didn't jump -- immediately jump over a fence.
13 Q. So did he run down Kehr for a distance?
14 A. No, sir, he did not run down Kehr.
08:18:33AM15 Q. Where did he go?
16 A. He ran -- he ran -- let's see, he ran directly to my right
17 across -- it was a field, he actually ran across, it was a
18 open field.
19 Q. Okay. And were you closest to the open field where you had
08:18:52AM20 stopped him?
21 A. Yes, sir, we were.
22 Q. Okay. So the open field would be to the right -- if you're
23 standing behind the patrol vehicle, the open field would be to
24 the right of the vehicle; is that correct?
08:19:06AM25 A. Standing behind the patrol vehicle, sir?

47
1 Q. Yeah, as the vehicle is facing southbound, I guess my
2 question is which direction did he run?
3 A. Well, he ran to my right and there was a field that he ran
4 through.
08:19:25AM 5 Q. Okay. So he is running westbound; is that correct?
6 A. Yes, sir, westbound through a open field.
7 Q. And did he at any time run southbound?
9 MR. GREENMAN: Could I have a moment, Judge?
08:19:50AM10 MAGISTRATE JUDGE SCHROEDER: Yes.
11 BY MR. GREENMAN:
12 Q. Do you recall once you made the turn onto Kehr what, if
13 anything, is to the right of the patrol vehicle? Is there a
14 house? Immediately after you make the turn, is there a house?
08:20:36AM15 Is there a field? Is there a driveway?
16 Do you recall anything about that?
17 A. No, sir, I do not recall what was to the right on Kehr
18 Street.
19 Q. But in any event, your testimony is that he's running
08:20:52AM20 through what -- initially what you might describe as an open
21 field; is that correct?
22 A. That's what exactly it was, it was a field.
23 Q. An open field?
24 A. Yes.
08:21:05AM25 Q. Then your testimony is he comes to a fence; is that right?

48
1 A. Yes, sir.
2 Q. And he begins to try to jump over the fence; is that
3 correct?
4 A. Oh, he did not try.
08:21:16AM 5 Q. Well, I'm just asking. Initially, I said "initially," I
6 guess I meant before he actually got over the fence?
7 A. It was all in one -- he dove directly -- he dove over the
8 fence.
9 Q. How high was this fence if you recall?
08:21:32AM10 A. It was a standard size fence.
11 Q. I don't know what that means. Was he able to hop the
12 fence or did he have to get on the fence to jump over it?
13 A. He dove directly over the fence head first.
14 Q. Okay. And before that he threw something over the fence;
08:21:50AM15 is that correct?
16 A. Yes, sir, he did.
17 Q. And then he jumped over the fence; is that right?
18 A. It was --
19 Q. Dove over the fence is what you're saying?
08:22:07AM20 A. Yes, sir.
21 Q. And you were right behind him; is that correct?
22 A. Yes, sir, I was.
23 Q. And you dove -- basically once you dove over the fence,
24 you literally almost landed on top of him; is that correct?
08:22:24AM25 A. I did land on top of the defendant, yes, sir.

49
1 Q. So whether, in fact, he had thrown the item over the fence
2 with the intent to retrieve it once he dove over the fence,
3 you don't know?
4 A. My apologies. Say again.
08:22:36AM 5 Q. Sure. Whether, in fact, he intended to retrieve the bag,
6 the black bag that he threw over the fence once he had -- once
7 he dove over it, you don't know; is that correct? You didn't
8 know; is that correct?
9 A. If he was trying to --
08:23:01AM10 Q. Retrieve it?
11 A. -- retrieve the -- after he ran away from officers and he
12 threw -- was stripping his clothing and after he threw the
13 black bag over the fence, he was going to pick it up and
14 continue to run away from officers, is that what you're trying
08:23:17AM15 to say?
16 Q. Right. You didn't know whether he was going to retrieve
17 the bag at that time, true? He didn't say anything to you
18 about it, correct?
19 A. My apologies, sir. That wasn't -- I don't know if he was
08:23:48AM20 trying to get away from --
21 MAGISTRATE JUDGE SCHROEDER: Wait, wait, one at a
22 time. One at a time.
23 MR. GREENMAN: I'm sorry.
24 BY MR. GREENMAN:
08:23:54AM25 Q. Let's just keep it then to what exactly happened with you.
50
1 Once he got to the other side of the fence, he dove, was he on
2 his feet or was he on -- laying on the ground?
3 A. He was halfway on his feet. He was halfway up.
4 Q. Okay. And you basically drove -- dove right on top of him;
08:24:17AM 5 is that correct?
7 Q. All right. And you restrained him from making, as best
8 you could, from making any movements; is that correct?
9 A. Not initially, no. He was trying to get away when I dove
08:24:29AM10 on top of him.
11 Q. How did you restrain him?
12 A. I held him down.
13 Q. Okay. So he was on the ground?
14 A. Initially, no, he was not.
08:25:04AM15 Q. You were underneath him; is that correct? At some point
16 in time?
17 A. Yes, when I actually -- for my safety, when I actually was
18 able to get -- get the defendant under control, I was on the
19 bottom of the defendant, yes, sir.
08:25:20AM20 Q. And your testimony previously was Officer Fanara was
21 having trouble getting over the fence; is that correct?
22 A. Yes, sir.
23 Q. So it was your job then to restrain -- do as best you
24 could to restrain Mr. Wilson; is that correct?
08:25:37AM25 A. Or to keep myself safe, yes, it was.

51
1 Q. And your testimony was at some point in time he tries --
2 he starts reaching toward the bag; is that correct?
3 A. Yes, sir.
4 Q. Was he on top of you or was he underneath you at the time
08:25:52AM 5 that he's trying to reach at the bag?
6 A. The defendant was on top of me.
7 Q. And was he able to reach the bag?
8 A. No, sir, he was not.
9 Q. Why?
08:26:03AM10 A. Because I was restraining the defendant.
11 Q. So if, in fact, as it appeared he was trying to grab the
12 bag, you didn't allow him to do that; is that correct?
13 A. I don't understand your question, sir. My apologies.
14 Q. Let me ask you this: How long after he dove over the
08:26:25AM15 fence was it that you first see that he's trying to grab for
16 the bag?
17 A. Okay, when the defendant ran across the field he was
18 stripping clothing, he was running and stripping off what he
19 had initially. He dove over the fence and threw the bag in
08:26:45AM20 the same motion; he didn't stop and then throw the bag over
21 the fence and then jump, it was all in the same motion.
22 When he jumped over the --
23 Q. I'm sorry?
24 A. I'm explaining the situation to you, my apologies, sir.
08:26:58AM25 When he jumped over the fence -- when I dove head first over
52
1 the fence, the defendant was trying to get up. I can see
2 that he was on his feet halfway up.
3 I then dove on top of him. When I dove on top of
4 him, the defendant was trying to fight me to get away. And
08:27:14AM 5 at that point I did what I -- that's why I got behind the
6 defendant so he don't punch me in my face or hurt me because
7 he was trying to get away. He did not give up and when I
8 jumped on top of him, he tried to fight to get away.
9 I restrained the defendant. When I restrained the
08:27:37AM10 defendant wrapping my legs and my arms around the defendant so
11 he doesn't hurt me or get away, he then began to reach for
12 something. I did not know exactly what he was reaching for
13 at the time.
14 My mind wasn't on a black bag. I had no idea what
08:28:06AM15 he was trying to reach for. I had no idea what was over that
16 fence or what he saw. All I know at the time from, you know,
17 he was trying to reach for something while my arms were
18 wrapped around him squeezing as hard as I could to stop him
19 from doing whatever he was trying to do.
08:28:25AM20 Q. Do you recall what my question was, Officer McDuffie?
22 Q. What was the question?
23 A. You was asking me why he was reaching for the black bag.
24 Q. I did?
08:28:41AM25 A. Yes, sir.

53
1 Q. My question was why was he reaching for the black bag?
2 A. That wasn't your exact question, but that's what you were
3 insinuating. My apologies.
4 Q. In any event, is it your testimony that when he was -- at
08:28:56AM 5 the same time he was diving over the fence, the black bag is
6 also going over the fence as well?
7 A. Yes, it was in the same motion.
8 Q. Okay. So it's at the same time -- did you see him with
9 the black bag in his hands before he dove over the fence?
08:29:13AM10 A. No, sir, I did not.
11 Q. All right. So the first time that you see the black bag
12 is when it's going over the fence the same time that he's
13 trying to dive over the fence?
14 A. Yes.
08:29:27AM15 Q. Fair to say? Okay.
16 A. No, no. He -- I can see him throw something, I can see
17 him throw the black bag from his hands. It was in his hands,
18 that -- I didn't see a black bag in his hands while he was
19 running, but before he jumped over that fence I can see it
08:29:46AM20 leave his hands and go over that fence.
21 Q. I'm sorry, you could see what?
22 A. The black bag was in his hands --
23 Q. Okay. So --
24 A. -- before he went over that fence.
08:29:55AM25 Q. -- your testimony at this point is that the black bag went
54
1 over before he jumped -- he dove over the fence?
2 A. Yes, it did, in the same motion. He threw it over and
3 dove at the same time.
4 Q. Okay. So it came out of his hand about the same time that
08:30:37AM 5 he was diving over the fence; is that fair to state?
6 A. It's not fair -- I'm sorry, can say fair to say. The
7 defendant threw the bag over the fence as he was diving over
8 the fence.
9 Q. Where was his body as -- when you first saw this black
08:31:04AM10 bag?
11 MAGISTRATE JUDGE SCHROEDER: Do we really need to
12 know all that for this purpose?
13 MR. GREENMAN: I guess it depends, Judge. But if
14 you want me to stop, I will.
08:31:12AM15 MAGISTRATE JUDGE SCHROEDER: What we're really
16 concerned about is whether there was a legitimate stop.
17 MR. GREENMAN: That's true.
18 MAGISTRATE JUDGE SCHROEDER: So --
19 MR. GREENMAN: I mean, basically that's true.
08:31:22AM20 MAGISTRATE JUDGE SCHROEDER: So I don't really need
21 to know all of this kind of detail, do I?
22 MR. GREENMAN: Okay, that's fine. That's all I
23 have at this time, Your Honor.
24 THE WITNESS: Thank you, sir.
08:31:35AM25 MR. GREENMAN: You're welcome.

55
1 MAGISTRATE JUDGE SCHROEDER: Mr. White?
2 MR. WHITE: Just briefly, Judge.
3 REDIRECT EXAMINATION
4 BY MR. WHITE:
08:31:45AM 5 Q. Officer McDuffie, I just want to make sure that the
6 record's clear. When you first saw the defendant traveling
7 on his bicycle, which direction was he going on East Ferry
8 Street as far as east and west?
9 A. He was going east on East Ferry.
08:32:06AM10 Q. Was he --
11 A. Oh, sorry, he was traveling west on -- he was traveling --
12 the defendant was traveling west on East Ferry Street, yes,
13 sir.
14 Q. And which side of East Ferry Street was he traveling on?
08:32:47AM15 A. On the south side of East Ferry Street.
16 Q. Again, was that on the wrong side of the street?
18 Q. So from his -- from his perspective riding his bike
19 heading west on East Ferry Street, again his perspective, was
08:33:07AM20 he on the left-hand side of the street?
22 Q. And that's the south side of East Ferry?
23 A. Yes, sir.
24 Q. And that's -- and was that the basis for your traffic
08:33:18AM25 stop?
56
3 THE WITNESS: Thank you.
4 RECROSS-EXAMINATION
08:33:29AM 5 BY MR. GREENMAN:
6 Q. And the basis for your traffic stop was irrespective of
7 the fact that he was turning onto Kehr, it didn't matter to
8 you; is that correct?
9 A. I'm sorry, sir, I do not understand your questioning.
08:33:51AM10 Q. You saw him turn left onto Kehr from East Ferry; is that
11 correct?
13 Q. All right. And it didn't matter to you that he was
14 turning left onto Kehr because, as you've testified, you saw
08:34:08AM15 him for a short distance traveling westbound on the south --
16 on the south side of East Ferry?
17 A. Yeah, unfortunately, he was already in violation of
18 1234(a) while he was traveling west on East Ferry before he
19 made a left turn onto Kehr.
08:34:28AM20 Q. Irrespective of whether he was planning to make -- or
21 preparing to make a left turn, your testimony is he was --
22 that your interpretation of the law was that he was in
23 violation of the law, again, irrespective of the fact that he
24 was turning onto -- left onto Kehr, true?
08:34:50AM25 A. My apologies, sir. It's not my interpretation of the

57
1 law. Before he -- before we even can tell he was going to
2 make a left turn, he was in violation while traveling west on
3 the south side of East Ferry of 1234(a).
4 Q. Before the car -- your vehicle put on its lights and tried
08:35:12AM 5 to stop Mr. Wilson, he had already made his left-hand turn
6 onto Kehr. He was on Kehr when you stopped the car -- when
7 you stopped the bicycle, wasn't he?
9 Q. His bicycle was already on Kehr when you stopped -- when
08:35:33AM10 you stopped him. When you stopped Mr. Wilson; isn't that
11 true?
12 A. Yes, sir, it was, it was on Kehr Street.
13 Q. And physically your vehicle pulled behind him on Kehr,
14 true?
08:35:48AM15 MR. WHITE: Judge, I'm going to object, this is well
16 beyond the scope of my redirect.
17 MAGISTRATE JUDGE SCHROEDER: I'll let him finish up
18 with that, but I certainly have a clear picture of what
19 allegedly happened.
08:36:00AM20 BY MR. GREENMAN:
21 Q. He was on Kehr when -- when -- when physically you were
22 able to get him to stop?
23 A. Yes, that's when we was actually able to stop his bicycle
24 on Kehr.
08:36:15AM25 MR. GREENMAN: Thank you, I have nothing further.

58
1 THE WITNESS: Yes, sir.
2 MR. WHITE: Nothing further.
3 MAGISTRATE JUDGE SCHROEDER: All right, thank you,
4 Officer.
08:36:36AM 5 THE WITNESS: Thank you, sir.
6 (WHEREUPON, the witness was excused).
7 MR. WHITE: Judge, the Government calls -- let me
8 check if the witness is here, but it will be Officer Michael
9 Acquino.
08:36:54AM10 GOVERNMENT'S WITNESS, MICHAEL ACQUINO, SWORN
11 DIRECT EXAMINATION
13 State your full name for the record and spell your last name,
14 please?
08:42:31AM15 THE WITNESS: Michael Acquino, A-C-Q-U-I-N-O.
16 BY MR. WHITE:
17 Q. Good afternoon.
18 A. Afternoon.
19 Q. Where are you employed, sir?
08:42:55AM20 A. Buffalo Police Department.
21 Q. What's your title there?
22 A. Police officer.
23 Q. And how long have you been with the Buffalo Police
24 Department?
08:43:03AM25 A. Seven years.

59
1 Q. Can you describe for the Court your general duties with
2 the Buffalo Police Department?
3 A. I work in Strike Force, which is the unit that is going
4 after the most violent areas of the city.
08:43:19AM 5 Q. And you receive training with respect to those duties
6 working on the Strike Force?
7 A. Yes, I do.
8 Q. And can you describe generally the types of training
9 you've received?
08:43:48AM10 A. Academy training, street training.
11 Q. Approximately what did those entail?
12 A. Just learning how to deal with gangs, drugs, guns.
13 Q. Have you ever made arrests in your career as an officer?
14 A. Yes.
08:44:10AM15 Q. Approximately how many arrests have you made?
16 A. I've been involved with over a thousand.
17 Q. And have you conducted pat-down searches in your career?
18 A. Yes.
19 Q. Approximately how many pat-down searches have you
08:44:25AM20 conducted?
21 A. Maybe around that.
22 Q. Around what?
23 A. If I had to guess, maybe around a thousand.
24 Q. And have you provided Miranda warnings before?
08:44:45AM25 A. Yes.
60
1 Q. Approximately how many times?
2 A. If I had to guess --
3 Q. Well, don't guess. If you can just provide an estimate?
4 A. A couple hundred.
08:45:01AM 5 Q. Are you familiar with a man named Felix Wilson?
6 A. Yes.
7 Q. Do you see him in the courtroom today?
8 A. Yes, I do.
9 Q. Can you identify him by a piece of clothing he's wearing?
08:45:13AM10 MR. GREENMAN: I'll stipulate that he's seated next
11 to me, Judge.
12 MAGISTRATE JUDGE SCHROEDER: All right, the
13 defendant having stipulated as to his presence, let the record
14 reflect that the defendant has been identified.
08:45:27AM15 BY MR. WHITE:
16 Q. Officer Acquino, how did you become familiar with the
17 defendant?
18 A. There was an arrest with Officer McDuffie and Tony Fanara
19 that involved a weapon.
08:45:46AM20 Q. Do you remember when that was approximately?
21 A. I believe it was on August 22nd.
22 Q. Can you describe how you ended up assisting in the arrest
23 of the defendant that day?
24 A. I showed up, I was advised that he was not advised of his
08:46:06AM25 Miranda warnings and that he needed to get a full search.

61
1 Q. Do you remember where that arrest occurred approximately?
2 A. I believe it was around -- I want to say 536 Winslow.
3 Q. And what was happening then on the scene when you first
4 arrived?
08:46:35AM 5 A. As I pulled up the defendant was getting placed into
6 Officer McDuffie and Fanara's patrol vehicle.
7 Q. Was the defendant in handcuffs?
8 A. Yes, he was.
9 Q. And was he under arrest?
08:46:51AM10 A. Yes.
11 Q. And what did you do to assist in that arrest?
12 A. I did search the defendant where I did recover four bags
13 of marijuana in his right front pant pocket; and then I did
14 advise him of his Miranda warnings from a Miranda card that's
08:47:11AM15 supplied by the Buffalo Police Department, P90A form.
16 Q. Let me back up a second. Why did you -- what kind of
17 search did you do of the defendant when you arrived there to
18 assist?
19 A. I did a pat-down for any other weapons, and then I --
08:47:58AM20 Q. I'm sorry, why did you do that pat-down search?
21 A. I was advised by Officer Fanara that there was not a full
22 search of the defendant.
23 Q. And what's the purpose of a pat-down search?
24 A. When he's getting placed in the patrol vehicle, we want to
08:48:17AM25 make sure he has nothing on him, no contraband that he could

62
1 be put into our patrol vehicle.
2 Q. Then at the time you did that pat-down search, were you
3 aware that a gun had been recovered?
4 A. Yes.
08:48:33AM 5 Q. And what was there -- again, what was the result of your
6 pat-down search of the defendant?
7 A. I recovered four bags of marijuana in the defendant's
8 right pant pocket.
9 Q. How did you know that it was marijuana?
08:48:50AM10 A. From training, multiple arrests, marijuana arrests.
11 Q. Then what happened after you did the pat-down search?
12 What else did you do, if anything?
13 A. At that point I read him his Miranda rights.
14 Q. And, again, how did you -- specifically how did you read
08:50:01AM15 his Miranda rights?
16 A. From a Buffalo Police issued Miranda warnings card.
17 Q. Let me show you what's been marked as Government Exhibit
18 3. Do you recognize that document?
19 A. Yes.
08:50:34AM20 Q. What is that?
21 A. It is the Miranda warnings card.
22 Q. And did you read from a card with this information on it
23 to warn Mr. Wilson of his rights that day?
24 A. Yes, I did.
08:50:48AM25 Q. And do you use this card in your ordinary duties as a

63
1 Buffalo police officer?
2 A. Yes, I do.
3 MR. WHITE: Judge, I ask that Government Exhibit 3
4 be admitted into evidence.
08:51:00AM 5 MR. GREENMAN: I have no objection, Your Honor.
7 objection, Government Exhibit 3 is received in evidence.
8 (WHEREUPON, Government Exhibit 3 was received in
9 evidence).
11 Q. Did you, in fact, read -- if you see Government Exhibit 3,
12 there's -- you see the top portion and a bottom portion? Can
13 you describe what's on the top portion?
14 A. Yes, the top portion is the front of the card, which is
08:51:23AM15 the Miranda warnings. And then you flip the card over, it's
16 the waiver part of the card.
17 Q. And did you, in fact, read the top portion of the card to
18 the defendant that day?
19 A. Yes, I did.
08:51:37AM20 Q. And what did the -- did you see they're numbered 1 through
21 4, do you see that?
22 A. Yes.
23 Q. Then you read the waiver portion as well; is that correct?
24 A. Yes, I did.
08:51:56AM25 Q. If you'd look at the first line, can you read that? What
64
1 does that indicate there on the waiver form?
2 A. "Do you understand each of these rights I have explained
3 to you?"
4 Q. And what did the defendant say, if anything, in response
08:52:12AM 5 to you reading that first line?
6 A. He said, "yes."
7 Q. And then did you read line number two?
8 A. Yes.
9 Q. And what does that read? How does that read?
08:52:25AM10 A. "Having these rights in mind, do you wish to talk to us
11 now?"
12 Q. Okay. And then did the defendant respond when you read
13 him that line?
14 A. At that point he was kind of irate and he really didn't
08:52:37AM15 respond to much.
16 Q. You say "irate," what do you mean specifically he was
17 irate?
18 A. Screaming, I really couldn't understand much he was
19 talking, you could tell he was upset.
08:52:54AM20 Q. Did he ever say that he didn't want to talk to you?
21 A. No.
22 Q. Did he ever say to anyone that he didn't want to talk to
23 anyone?
24 A. I did not hear that, no.
08:53:37AM25 Q. Did he ever say he wanted to talk to a lawyer?

65
1 A. No, not in my presence.
2 Q. And then did the -- did the defendant remain silent after
3 you read him these rights?
4 A. No.
08:53:51AM 5 Q. What was he doing?
6 A. Just screaming in the back of the patrol car.
7 Q. And was he -- while he was screaming, was he doing that on
8 his own or was that in response to additional questioning?
9 A. Just doing it on his own.
08:54:32AM10 Q. And what did you do then after reading him his Miranda
11 warnings?
12 A. I stayed with Tony Fanara and Officer McDuffie, asked them
13 if they needed other help and I didn't do anything else.
14 Q. And then what happened with the defendant, do you recall?
08:54:55AM15 A. I believe he went back to our stationhouse.
16 Q. Was that the last you saw of him that day then?
17 A. Yes, on Winslow.
19 MR. GREENMAN: Just a second, Judge.
08:55:07AM20 MAGISTRATE JUDGE SCHROEDER: Yes.
21 CROSS-EXAMINATION
22 BY MR. GREENMAN:
23 Q. Officer Acquino, just a couple questions. You were in a
24 patrol vehicle; is that correct?
09:14:30AM25 A. I was, yes.

66
1 Q. And you were not in Officer Fanara or Officer McDuffie's
2 vehicle; is that correct?
3 A. No, I was not.
4 Q. You got a call to go to the scene?
09:16:09AM 5 A. I responded to the call.
6 Q. Okay. And how did you get a call?
7 A. Over the air.
8 Q. Okay. Some dispatcher contacts you?
9 A. I could tell it was a foot chase.
09:16:26AM10 Q. How could you tell that?
11 A. Just by the radio call that was coming out, where they
12 were and I responded to where the foot chase was happening.
13 Q. Okay. So you're -- could you -- were you talking directly
14 or hearing directly either McDuffie or Fanara what they were
09:16:44AM15 saying?
16 A. I could not exactly tell, no.
17 Q. Okay. But in any event, your testimony is that based upon
18 the transmissions you could tell that there was a foot chase?
19 A. Something to that effect.
09:17:45AM20 Q. Okay. And this comes out over the air; is that right?
21 A. Yes.
22 Q. Is that preserved? Do you know if the tapes of the
23 transmissions?
24 A. I do not know.
09:18:01AM25 Q. Okay. Where did you go to? What street did you go to, do
67
1 you recall?
2 A. East Ferry right near Winslow.
3 Q. Okay. So you turned onto Winslow from East Ferry?
4 A. I don't remember the exact route I took, but I ended up
09:18:20AM 5 over East Ferry near Winslow.
6 Q. Okay. Did you park your car on East Ferry or did you park
7 it on Winslow?
8 A. I parked it on Kehr actually, which East Ferry goes off
9 Kehr, which goes into Winslow.
09:18:36AM10 Q. Okay. Does Winslow -- I'm sorry, Winslow runs directly
11 into Kehr?
12 A. It does.
13 Q. Okay. So if one turns onto Kehr -- Kehr begins at East
14 Ferry; is that correct? Or ends I suppose, one way or the
09:18:52AM15 other?
16 A. Yes, it does start on East Ferry.
17 Q. Okay. And as one turns onto Kehr, the next street
18 intersecting Kehr would be -- was that Winslow, if you recall?
19 A. The next street I want to say is Glenwood, and then
09:19:10AM20 Winslow. I'm not for sure, though.
21 Q. Okay. Maybe Woodlawn?
22 A. Yes, it is Woodlawn.
23 Q. Okay. And in relation to Kehr and East Ferry, where is
24 Winslow located?
09:19:32AM25 A. Winslow runs into Kehr.

68
1 Q. Okay. Now, your testimony is that -- and how far from East
2 Ferry and Kehr is Winslow located?
3 A. I don't know the exact how far.
4 Q. Okay. Maybe you can tell me this, when you first see
09:19:55AM 5 Mr. Wilson over here, he was in the presence of at least one
6 of the other officers; is that correct?
7 A. Yes.
8 Q. He was handcuffed at that time?
9 A. Yes, he was.
09:20:04AM10 Q. And he was handcuffed behind his back; is that right?
11 A. That's correct.
12 Q. Okay. Where was he? Was he on Winslow?
13 A. He was on Kehr.
14 Q. He was on Kehr, okay. You mentioned before Winslow --
09:20:24AM15 what was happening on Winslow when you first saw Mr. Wilson?
16 A. I believe that's where the gun was recovered.
17 Q. Oh, okay. But if we can just sort of focus on when you
18 first see Mr. Wilson, he's on Kehr; is that correct?
19 A. That's correct.
09:20:44AM20 Q. Is he outside the police vehicle?
21 A. He's getting placed into the police vehicle.
22 Q. All right. And did you see a bicycle?
23 A. I did.
24 Q. Where was the bicycle when you first saw it?
09:21:00AM25 A. I don't remember exactly where it was. I did see a

69
1 bicycle, though.
2 A. All right. Now, at some point as he's in the vehicle you
3 then read him these warnings from the card that you've
4 referred to; is that correct?
09:21:14AM 5 A. I did.
6 Q. And did you ask him any questions?
7 A. At that point, no.
8 Q. Okay. So there were no questions put to him by -- at least
9 by you; is that correct?
09:21:31AM10 A. Just the Miranda warning if he understood his rights,
11 that's it.
12 Q. Okay. And it took place as you've testified on direct
13 examination, the reading of the Miranda warnings, et cetera;
14 is that correct? And the waiver, true?
09:21:50AM15 A. Yes.
16 Q. Okay. But I take it it was not your intention to ask him
17 any questions?
18 A. At that point, how irate your client was, there really was
19 no question I could ask him.
09:22:06AM20 Q. Okay. Now your testimony is that you can't recall what he
21 was saying; is that correct?
22 A. I cannot.
23 Q. Would that be because you didn't understand him or would
24 it be because you just don't recall?
09:22:20AM25 A. I mean, I don't really recall, but a lot of swear words,

70
1 I'll tell you that.
2 Q. He was swearing at you?
3 A. I don't know who he was swearing at.
4 Q. Just sort of sitting in the vehicle swearing, yelling out;
09:22:36AM 5 is that correct?
6 A. He was -- yes, he was irate, like I said.
7 MR. GREENMAN: Okay. That's all I have, thank you.
9 MAGISTRATE JUDGE SCHROEDER: Thank you, Officer.
09:22:45AM10 THE WITNESS: Thank you, Your Honor.
12 MR. WHITE: Judge, the Government calls
13 Officer James O'Donnell.
14 GOVERNMENT'S WITNESS, JAMES O'DONNELL, SWORN
09:22:54AM15 DIRECT EXAMINATION
17 State your full name and spell your last name for the record,
18 please.
19 THE WITNESS: James O'Donnell, O-D-O-N-N-E-L-L.
21 Q. Good afternoon, sir.
22 A. Good afternoon.
23 Q. Where are you employed?
24 A. Buffalo Police Department.
09:24:38AM25 Q. How long have you been with the Buffalo Police Department?
71
1 A. A little over seven years.
2 Q. And what's your title there?
3 A. Lieutenant.
4 Q. What are your general duties as a lieutenant with the
09:24:50AM 5 Buffalo Police Department?
6 A. Right now I'm stationed at the Central Booking for the
7 Buffalo Police, so I generally -- I supervise booking, and the
8 officers that come in and make arrests, I review the
9 paperwork, make sure that it is done accurately and
09:25:16AM10 completely, make sure that the charges that they are filing
11 are the appropriate charges, I talk to the defendants that are
12 coming in and then supervise the cellblock attendants and the
13 report technicians.
14 Q. And prior to your current position with the Buffalo Police
09:25:49AM15 Department, did you hold another position?
16 A. Yes.
18 A. Police officer with the Strike Force.
19 Q. And briefly what were your duties as a police officer with
09:26:02AM20 the Strike Force?
21 A. With the Strike Force we -- we're called tactical patrol
22 where we just drive around and basically look for violations
23 of the law.
24 Q. And when did you end your tenure as a member of the Strike
09:26:29AM25 Force there?

72
1 A. April 2014.
2 Q. Have you received training generally regarding your duties
3 as to your former position and your current position?
4 A. Yes.
09:26:42AM 5 Q. Generally what types of training have you received?
6 A. I received training in the police academy on New York
7 State law and procedures with the police department. Then
8 also on-the-job training after the academy, also attended law
9 school.
09:27:05AM10 Q. And have you made arrests in your career,
11 Officer O'Donnell?
12 A. Yes.
13 Q. Approximately how many arrests have you made?
14 A. Hundreds.
09:27:17AM15 Q. And have you taken statements from people that you've
16 placed under arrest?
17 A. Yes.
18 Q. And approximately how many statements have you taken?
19 A. More than the number of arrests; in the thousands.
09:27:29AM20 Q. Are you familiar with a man named Felix Wilson?
21 A. Yes.
22 Q. And do you recognize him in the courtroom today?
23 A. Yes.
24 Q. Could you identify him by -- identify a piece of clothing
09:27:40AM25 that he's wearing?

73
1 MR. GREENMAN: Judge, again, I'll stipulate that
2 he's seated next to me.
3 MAGISTRATE JUDGE SCHROEDER: All right, the defense
4 stipulating the presence of the defendant, the record will
09:27:50AM 5 reflect the defendant has been identified.
6 BY MR. WHITE:
7 Q. How did you become familiar with Mr. Wilson?
8 A. While I was preparing for the shift, my normal shift,
9 officers had brought him in after arresting him to our
09:28:10AM10 stationhouse at 312 Perry.
11 Q. Do you remember what day this was?
12 A. I do not recall off the top of my head the date.
13 Q. Do you remember what month?
14 A. I just looked at this and now I'm drawing a blank. I
09:28:32AM15 don't know why I'm drawing a blank.
16 Q. Was it -- could it have been August?
17 A. That sounds familiar.
18 Q. August of 2013?
19 A. Correct.
09:28:40AM20 Q. Then what was your understanding what led to him being
21 brought to the stationhouse that day?
22 A. I believe the officers had stopped him for traffic
23 violations on a bicycle, and then he had fled the officers and
24 they recovered a gun from him.
09:29:07AM25 Q. And do you remember what officers were involved in that?

74
1 A. Officers McDuffie and Fanara were the arresting officers.
2 Q. So were you on the scene with Officer McDuffie when they
3 arrested Mr. Wilson initially?
4 A. No.
09:29:25AM 5 Q. Again, where were you?
6 A. When they originally -- initially made the arrest I wasn't
7 at work yet, but I had come in to work and was at the -- at
8 312 Perry.
9 Q. Okay. And, again, what is at 312 Perry?
09:29:42AM10 A. It is a apartment building in which there is a makeshift
11 police station on the ground floor.
12 Q. And do you know why was the defendant taken to 312 Perry?
13 A. Because that is where the Strike Force and housing units
14 are located and housed.
09:30:06AM15 MR. GREENMAN: If Judge Manz was on the bench,
16 Judge --
17 THE WITNESS: -- water.
18 MR. GREENMAN: -- you wouldn't have a glass of water
19 near you. I think Lieutenant O'Donnell knows what I'm
09:31:43AM20 talking about.
21 MAGISTRATE JUDGE SCHROEDER: Sorry about that.
22 THE WITNESS: No problem.
23 BY MR. WHITE:
24 Q. When the defendant was brought in, was he in handcuffs?
09:31:58AM25 A. Yes.
75
1 Q. And was he under arrest at that time?
2 A. Yes.
3 Q. And what did you do then to assist in this process?
4 A. I -- when I got the information on the gun, ran it in our
09:32:12AM 5 systems to see if the gun was stolen. I then -- or who it
6 belonged to. I then while in the process of doing that, I
7 also spoke with the defendant.
8 Q. And, to your knowledge, was the defendant provided with
9 Miranda warnings that day?
09:32:29AM10 A. Yes.
11 Q. And how do you know that?
12 A. The officers when they brought him in told me that he was.
13 Q. And do you remember by whom was he provided those
14 warnings?
09:32:41AM15 A. I believe Acquino (indiscernible).
16 Q. Did -- did you -- did the defendant ever -- did you go in
17 to some other room with the defendant at some point?
18 A. Yes.
19 Q. Can you describe what happened there?
09:33:01AM20 A. The defendant tried -- he acted out how -- what had
21 happened, where he jumped on to the ground and -- and said
22 that a gun was recovered close to where he was. I then asked
23 him to get up and go back into the other room.
24 Q. During your interaction with the defendant, did he ever
09:33:30AM25 say that he didn't want to talk to you?

76
1 A. No.
2 Q. Did he ever ask to speak to a lawyer?
3 A. No.
4 Q. Did he make any statements to you that day?
09:33:43AM 5 A. Yes. He was talking to me about some -- some homicides
6 that had occurred in the area, and during that conversation he
7 had said that the gun that was recovered that day was a "cut
8 gun."
9 Q. Do you know what that means?
09:34:02AM10 A. Just one -- a gun that would be stored by -- by someone in
11 a -- in a yard or in an alleyway that could be accessed
12 easily.
13 Q. And he -- he seemed to understand that that -- the gun
14 that was recovered was a cut gun?
09:34:23AM15 A. Correct.
16 Q. Did you ask him any questions that prompted him to make
17 that statement?
18 A. I -- I don't recall the exact context of the statement.
19 Q. Approximately how long was your interaction with the
09:34:41AM20 defendant that day?
21 A. About 20 minutes.
22 Q. Do you know, Lieutenant O'Donnell, was a notice then
23 prepared regarding the statements that the defendant made that
24 day?
09:34:59AM25 A. Yes, a 710.30 notice was -- was filled out by the

77
1 arresting officers.
2 Q. I'm going to show you what's been marked as Government
3 Exhibit 2, it's already been admitted into evidence. Do you
4 recognize that document?
09:35:17AM 5 A. Yes.
6 Q. And what is that document?
7 A. That is the 710.30 notice that our department uses.
8 Q. And, again, what did the -- what does the 710.30 generally
9 contain?
09:35:28AM10 A. Statements made by the defendant and some by the officers.
11 Q. Again, if you could -- you see the middle paragraph there
12 in all caps in bold and underlined? If you could read the
13 last three lines of that out loud?
14 A. "After being read his rights and being placed under
09:35:51AM15 arrest while at 312 Perry, the defendant did spontaneously
16 state to Officer James O'Donnell that is a cut gun."
17 Q. Is that an accurate description of what the defendant said
18 to you that day?
19 A. Yes.
09:36:14AM20 MR. WHITE: Nothing further, Judge.
21 MAGISTRATE JUDGE SCHROEDER: Mr. Greenman.
22 CROSS-EXAMINATION
23 BY MR. GREENMAN:
24 Q. Lieutenant O'Donnell, first let me give you my regrets
09:36:23AM25 that you've chosen to go to law school, that's neither here

78
1 nor there.
2 You were basically on duty at 312 Perry; is that
3 correct?
4 A. Yes, sir.
09:36:35AM 5 Q. And eventually Mr. Wilson was brought in to the makeshift
6 precinct; is that correct? If I can call it that?
7 A. Correct.
8 Q. Now, your role with regard to Mr. Wilson was what once he
9 was brought in?
09:36:55AM10 A. I officially had no role with it. I was just -- I'm a
11 little better with the computers than some of the other
12 officers, so I was running the information from the gun in the
13 computers. And while I was doing that, the defendant was
14 seated right next to me so....
09:37:14AM15 Q. All right. Now, you were aware that he was given some
16 Miranda warnings earlier; is that correct?
17 A. Correct.
18 Q. One of the officers told you that another officer or that
19 officer had given him his warnings; is that right?
09:37:30AM20 A. Correct.
21 Q. Now, did you ask him any questions? That is, Mr. Wilson?
22 A. I had asked him quite a few questions, but they were
23 mostly pertaining to some homicides that had happened that he
24 told us he was going to give information to our Homicide Unit.
09:37:53AM25 Q. Okay. So the conversation basically was him talking to you

79
1 about what? Some cooperation, is that what he's talking
2 about? Or just giving you some background?
3 A. Well, no, it was cooperation. However, the information he
4 was giving was common knowledge, not of any use.
09:38:15AM 5 Q. Okay. But you were asking questions about his knowledge
6 about the homicide; is that correct?
7 A. Correct.
8 Q. And what was the last question you asked him prior to, if
9 you recall, prior to the time that he makes the statement that
09:38:32AM10 the gun was a cut gun as it related to this discussion of a
11 homicide?
12 A. Honestly, I don't remember. That's why I hesitated when
13 I was saying that it's exactly as it said because I don't know
14 the spontaneity of the statement.
09:38:51AM15 Q. Okay. So in fairness, forgetting about what's on the
16 710.30 for a second, in fairness, there was some interaction,
17 questions and answers between you and Mr. Wilson; is that
18 correct?
19 A. Correct.
09:39:06AM20 Q. And ultimately you're talking about a homicide; is that
21 correct?
22 A. Correct.
23 Q. And somehow in relation to your discussion, questions and
24 answers with him about this homicide, there's mention of
09:39:20AM25 him -- or by him about a cut gun; is that correct?

80
1 A. Correct.
2 Q. And the specifics of the questions and the answers leading
3 up to it you cannot say?
4 A. No, I cannot.
09:39:33AM 5 Q. That's fine.
6 MR. GREENMAN: Thank you.
7 MR. WHITE: Just briefly, Judge.
8 REDIRECT EXAMINATION
9 BY MR. WHITE:
09:39:42AM10 Q. Lieutenant O'Donnell, in your interaction with the
11 defendant regarding the statements he was providing regarding
12 the homicide and the cut gun, did he -- again, did he indicate
13 that he wanted a lawyer?
14 Did he ever indicate that to you?
09:40:01AM15 A. No, he did not.
16 Q. Did he ever say "I don't want to say anything"? Did he
17 invoke his right to silence?
18 A. No, he did not.
19 Q. Did he ever tell you that he didn't want to make any
09:40:11AM20 statement?
21 A. No, he did not.
22 Q. So he voluntarily provided this information to you?
23 A. Yes, he did.
09:40:19AM25 MR. GREENMAN: I have nothing further, Judge, thank

81
1 you. Thank you, Lieutenant.
2 MAGISTRATE JUDGE SCHROEDER: Thank you, Officer.
09:40:39AM 5 MAGISTRATE JUDGE SCHROEDER: Government rest?
6 MR. WHITE: Yes, Government rests.
7 MR. GREENMAN: The defense is going to rest, Your
8 Honor. We're not going to call any witnesses.
9 MAGISTRATE JUDGE SCHROEDER: All right, the
09:40:47AM10 Government rests and the defense rests.
11 MR. GREENMAN: Yes, Your Honor.
12 MAGISTRATE JUDGE SCHROEDER: Do either side intend
13 on ordering a transcript?
14 MR. GREENMAN: I do, Judge.
09:40:58AM15 MAGISTRATE JUDGE SCHROEDER: All right. And I
16 assume then you'll want to submit a post-hearing memorandum?
18 MAGISTRATE JUDGE SCHROEDER: What I'm going to do
19 then is direct that the post-hearing memoranda filed by both
09:41:13AM20 defense and the Government be filed no later than 30 days
21 after the transcript of this proceeding is filed.
22 MR. GREENMAN: That's fine with me, Your Honor.
23 MAGISTRATE JUDGE SCHROEDER: All right.
24 MR. WHITE: Thank you, Judge.
09:41:27AM25 MR. GREENMAN: I'm going to try to get -- I'm

82
1 assigned, so I'm going to try to get Llane the request for it
2 right now. Llane, if I could give it to you, do you mind?
3 That will expedite it a little bit.
4 MAGISTRATE JUDGE SCHROEDER: All right. In the
09:41:40AM 5 meantime, Mr. Greenman, does the defendant acknowledge and
6 agree that his motion continues to be pending and because it
7 is a motion filed on his behalf, that causes the speedy trial
8 clock to stop and the clock will remain stopped until the
9 motion has been resolved?
09:42:13AM10 MR. GREENMAN: Yes, Your Honor.
11 MAGISTRATE JUDGE SCHROEDER: Pursuant to and in
12 accordance with the provisions contained in Title 18 of the
13 United States Code, Section 3161(h)(1)(D)?
09:42:26AM15 MAGISTRATE JUDGE SCHROEDER: Anything further?
16 MR. WHITE: No, Your Honor.
17 MR. GREENMAN: I have nothing further. Thank you
18 very much, Your Honor.
19 MAGISTRATE JUDGE SCHROEDER: Thank you.
09:42:31AM20 (WHEREUPON, the proceedings adjourned at 3:43 p.m.)
21 * * *
22
23
24
25
83
1 CERTIFICATE OF TRANSCRIBER
3 In accordance with 28, U.S.C., 753(b), I certify that
4 this is a true and correct record of proceedings from the
5 official electronic sound recording of the proceedings in the
6 United States District Court for the Western District of New
7 York before the Honorable H. Kenneth Schroeder, Jr. on March
8 16th, 2015.
10 S/ Christi A. Macri
11 Christi A. Macri, FAPR-CRR

Official Court Reporter
12
13
14
15
16
17
18
19
20
21
22
23
24
25

U.S. v. Wilson, No. 14-CR-128, Dkt. 20, Deposition of Darren McDuffie at 3-5 (W.D.N.Y. March 16, 2015)

Caricato da

Informazioni sul documento

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

U.S. v. Wilson, No. 14-CR-128, Dkt. 20, Deposition of Darren McDuffie at 3-5 (W.D.N.Y. March 16, 2015)

Caricato da

Copyright:

Formati disponibili

Case 1:14-cr-00128-RJA-HKS Document 20 Filed 03/31/15 Page 1 of 83

1 UNITED STATES DISTRICT COURT

2 WESTERN DISTRICT OF NEW YORK

12 WILLIAM J. HOCHUL, ESQ.

16 LIPSITZ GREEN SCIME CAMBRIA, LLP

21 AUDIO RECORDER: Llane M. Guidotti

25 (Proceedings recorded by electronic sound recording,

3 (WHEREUPON, the defendant is present).

4 THE CLERK: United States vs. Felix Wilson, docket

10:24:48AM 5 number 14-CR-128. This is a suppression hearing.

6 Assistant United States Attorney Edward White

7 appearing on behalf of the Government.

8 And Herbert Greenman appearing with the defendant.

9 MAGISTRATE JUDGE SCHROEDER: Good afternoon.

10:25:10AM10 MR. WHITE: Good afternoon, Judge.

11 MAGISTRATE JUDGE SCHROEDER: We're here for a

13 MR. WHITE: That's correct, Your Honor.

14 MAGISTRATE JUDGE SCHROEDER: Are we ready to

16 MR. WHITE: Yes, Judge.

17 MAGISTRATE JUDGE SCHROEDER: Mr. Greenman?

18 MR. GREENMAN: I'm sorry, yes, Your Honor.

19 MAGISTRATE JUDGE SCHROEDER: Mr. White?

10:25:48AM20 MR. WHITE: Judge, the Government calls

21 Officer Darren McDuffie to the stand.

22 GOVERNMENT'S WITNESS, DARREN MCDUFFIE, SWORN

24 MAGISTRATE JUDGE SCHROEDER: Please be seated.

1 for the record, please?

2 THE WITNESS: Yes, sir. My full name is Darren

4 MAGISTRATE JUDGE SCHROEDER: Mr. White.

10:27:08AM 5 MR. WHITE: Thank you, Judge.

8 A. Good afternoon, sir.

9 Q. Sir, where are you employed?

10:28:21AM10 A. Buffalo Police Strike Force Task Force.

11 Q. And what's your title with that organization?

14 A. A little over three years.

17 A. Our job in the Strike Force is to -- is to hit high -- is

18 to patrol high -- high gang areas and violent areas throughout

19 the city; and we also set up roadblocks throughout the city as

10:28:59AM20 well in high crime areas.

21 Q. Have you received training with respect to those duties?

22 A. Yes, sir, I have.

23 Q. Generally what types of training have you received?

24 A. Training dealing with car stops, how to -- how to conduct

10:29:16AM25 proper arrests with certain felonies and so forth.

1 Q. Did you receive training at a police academy?

2 A. Yes, sir, I did.

3 Q. And how long did that last?

4 A. Over six months.

10:29:29AM 5 Q. Have you conducted traffic stops in your tenure at the

6 Buffalo Police Department?

7 A. Yes, sir, I did.

8 Q. Approximately how many traffic stops have you conducted in

10:29:41AM10 A. Over hundreds of traffic stops.

12 have fled the scene from a traffic stop?

13 A. Yes, sir, I have.

14 Q. Approximately how many subjects have you dealt with who

10:29:57AM15 have fled the scene at the traffic stop?

17 Q. Have you made arrests in your -- with respect to your

18 duties with the Buffalo Police?

19 A. Yes, sir, I have.

10:30:12AM20 Q. Approximately how many arrests have you made in your

22 A. Over 200 arrests last year.

23 Q. But do you know -- can you estimate for your career?

24 A. At least -- close to 500 arrests.