Here's a look at what happened during Sleepy Hollow Court's June 28 session. Court is in session every Monday at 3 p.m.
Technical Difficulties for DA in Valley Street Mugging Case
Desmond Burnette, 20, and Devin Dominguez, 21, both of Dobbs Ferry, were arrested April 3 for allegedly assaulting two men on Valley Street in Sleepy Hollow and stealing cash and a gold coin. The suspects were charged with second-degree robbery and released after they each posted $1,000 bail.
On Monday, Assistant District Attorney Robert Docherty said he was having trouble viewing a surveillance video sent to him by local police because it was the incorrect file type for his office computer, and he can't share it with the defense until he sets it straight.
Docherty also said that the case will proceed toward a felony conviction, meaning no misdemeanor plea will be offered instead.
The case was adjourned to July 26.
Charges Reduced, Order of Protection Upheld in Domestic Dispute
John Urgiles was charged with felony criminal contempt after violating an order of protection taken out against him by his wife. The wife has reportedly failed to pursue the charges, however, so the DA on Monday reduced the charge to disorderly conduct, a violation. Urgiles pleaded guilty and was sentenced to a one-year conditional discharge. The order of protection against him was extended.
The court heard a few other domestic dispute cases Monday.
Luis Llivisaca, 49, of Sleepy Hollow faces third-degree assault charges after allegedly trying to strangle his wife May 3. Earlier this month Llivisaca rejected an offer by the DA's office to reduce the misdemeanor charge to second-degree harassment, a violation.
On Monday, Judge Andres Valdespino set July 26 as the date for Llivisaca's non-jury trial in the matter.
Alberto DeJesus, a young man from Sleepy Hollow, is charged with felony assault following a domestic dispute earlier this month involving another young male member of the household. It's unclear what relationship DeJesus has to the victim.
On Monday, ADA Docherty said the victim no longer wants to testify in the case, meaning the charge will likely be reduced to a misdemeanor.
The case was adjourned to July 12.
DWI Plea Offer Dropped After Driver Fails to Show
Luis Cardenas caught a break when the DA's office offered to reduce his DWI charge to a DWAI, which carries lighter penalties and smaller fines.
But since his arraignment last month, Cardenas has repeatedly received negative reports from Treatment Alternatives for Safer Communities (TASC), a counseling group to which all DWI suspects are referred.
On Monday he took it a step further, failing to show up for court or return phone calls from his lawyer.
Judge Valdespino issued a warrant letter, warning Cardenas that a warrant will be issued for his arrest if he doesn't show up when the case resumes on July 12.
Attorney Saves No-Show Client from Arrest Warrant in Harassment Case
Nicola Kenny, 49, of Ossining is charged with misdemeanor harassment. Kenny was arrested Jan. 6 after she allegedly harassing a former roommate in voicemails and text messages. After showing up for seven consecutive court dates, Kenny missed appearances last week and on Monday.
The judge would normally issue a warrant for her arrest after two consecutive no-shows, but Kenny's attorney pleaded with the judge to give her one more chance.
Kenny "has been coming here religiously since January, and I can't imagine she would just flout the court this way," the attorney, Leslie Greene, said. "She's been diligent in this matter."
Judge Valdespino bought it and moved the case to July 12, warning that he will issue a warrant if she doesn't show up.
Note: Court is not in session next week in observance of the Fourth of July holiday. The next criminal court session in the village will be July 12.
