Court filing
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Herode Chancy, Michael Albarella,… — USA v. Chancy, et al (Dkt. 17)
Summary
An Order of Continuance with an Affirmation in Support, filed 05/04/20 as Document 17 in United States of America v. Herode Chancy, Michael Albarella and Adedayo Ilori, 20 Mag. 2482 (docket No. 1:20-mj-02482-UA), in the U.S. District Court for the Southern District of New York. The order recites that the defendants were charged in a complaint dated March 3, 2020 under Title 18, United States Code, Sections 1343, 1349, 1208A, 1956(h), 215(a), and that the Government requested a second 30-day continuance in light of the ongoing corona virus pandemic and national emergency, to which defense counsel consented. It grants a continuance under 18 U.S.C. § 3161(h)(7)(A) until June 3, 2020. The affirmation of Assistant United States Attorney Cecilia E. Vogel is dated April 30, 2020, and the order's signature line for the Magistrate Judge is blank.
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Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2020-05-04 |
Cite this document
“ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Herode Chancy, Michael Albarella,… — USA v. Chancy, et al (Dkt. 17).”
U.S. District Court for the Southern District of New York, No. 1:20-mj-02482-UA, Doc. 17, filed 2020-05-04. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-adedayo-ilori-nysd-533636/2020-05-04-gov-uscourts-nysd-533636-17-0-doc-17/
, SHA-256 e05b0e1ee3a101504025c4a940b3d9374b54534564f0fe477400af60e343b1e2.Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------X
UNITED STATES OF AMERICA
v.
HERODE CHANCY,
MICHAEL ALBARELLA
and ADEDAYO ILORI,
Defendants.
-------------------------------------------------------X
Order of Continuance
20 Mag. 2482
Upon the application of the United States of America and the affirmation of Cecilia E.
Vogel, Assistant United States Attorney for the Southern District of New York, it is found that the
defendants were charged with violation of Title 18, United States Code, Sections 1343, 1349,
1208A, 1956(h), 215(a) in a complaint dated March 3, 2020, and the defendants were arrested on
March 4, 2020;
It is further found that on March 4, 2020, the defendants were presented before Magistrate
Judge Kevin Nathaniel Fox and released on bail, and each defendant waived his right to be charged
in an indictment or information for 30 days;
It is further found that the Government has requested a second continuance of 30 days in
light of the ongoing corona virus pandemic and national emergency and that the defendants,
through counsel, have each consented that such a continuance may be granted for that purpose and
have each specifically waived their right to be charged in an indictment or information for an
additional 30 days; and
It is further found that the granting of such a continuance best serves the ends of justice
and outweighs the best interests of the public and the defendant in a speedy trial; and therefore it
is
Case 1:20-mj-02482-UA Document 17 Filed 05/04/20 Page 1 of 4
2
ORDERED that the request for a continuance pursuant to 18 U.S.C. § 3161(h)(7)(A) is
hereby granted until June 3, 2020, and that a copy of this Order and the affirmation of Assistant
United States Attorney Cecilia E. Vogel be served by email on this date on counsel for the
defendants by the United States Attorney’s Office.
Dated: New York, New York
May ____, 2020
_____________________________________
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF NEW YORK
4
Case 1:20-mj-02482-UA Document 17 Filed 05/04/20 Page 2 of 4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------X
UNITED STATES OF AMERICA
v.
HERODE CHANCY,
MICHAEL ALBARELLA
and ADEDAYO ILORI,
Defendants.
-------------------------------------------------------X
Affirmation in Support of
Application for Order of Continuance
20 Mag. 2482
State of New York
)
County of New York
: ss.:
Southern District of New York
)
CECILIA E. VOGEL, pursuant to Title 28, United States Code, Section 1746, hereby
declares under penalty of perjury:
1. I am an Assistant United States Attorney in the Office of Geoffrey S. Berman, United
States Attorney for the Southern District of New York. I submit this affirmation in support of an
application for an order of continuance of the time within which an indictment or information
would otherwise have to be filed, pursuant to 18 U.S.C. § 3161(h)(7)(A).
2. The defendants were charged in a complaint dated March 3, 2020, with violation of Title
18, United States Code, Sections 1343, 1349, 1208A, 1956(h), 215(a). The defendants were
arrested on March 4, 2020, and presented before Magistrate Judge Kevin Nathaniel Fox that same
day. Each of the defendants was released on bail and each defendant waived his right to be
charged in an indictment or information for 30 days.
Case 1:20-mj-02482-UA Document 17 Filed 05/04/20 Page 3 of 4
2
3. With the consent of defense counsel, the Government has previously requested and the
Court granted one continuance for an additional 30 days. Under the Speedy Trial Act, the
Government currently has until May 4, 2020, within which to file an indictment or information.
4. Ian Marcus Amelkin, Esq., counsel for defendant Herode Chancy, David Wikstrom, Esq.
counsel for defendant Michael Albarella, and Brooke Cucinella, Esq., counsel for defendant
Adedayo Ilori, have each consented to the Government’s request of a 30-day continuance of the
May 4, 2020 deadline to file an indictment or information under the Speedy Trial Act in light of
the ongoing corona virus pandemic and national emergency.
5. Therefore, the Government is requesting, with the consent of defense counsel for each
of the defendants, a 30-day continuance until June 3, 2020. For the reasons stated above, the ends
of justice served by the granting of the requested continuance outweigh the best interests of the
public and defendants in a speedy trial.
Dated: New York, New York
April 30, 2020
__________________________
CECILIA E. VOGEL
Assistant United States Attorney
Tel. (212) 637-1084
Case 1:20-mj-02482-UA Document 17 Filed 05/04/20 Page 4 of 4File and source
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