Application and Order — No. 1:20-mj-00509 (Dkt. 7, E.D.N.Y.)

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A joint application and order of excludable delay, filed July 30, 2020 as Document 7 in United States v. Kevin Jay Lipsitz, Case No. 1:20-mj-00509-RLM (20-M-509), in the U.S. District Court for the Eastern District of New York, signed in Brooklyn by Judge Levy. The United States and Lipsitz ask that the period from July 30, 2020 to September 14, 2020 be excluded in computing the time within which an information or indictment must be filed, because the parties are engaged in plea negotiations. The application states that Lipsitz was arrested on July 8, 2020 and that it is the first application for an order of excludable delay.

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Case 1:20-mj-00509-RLM Document 7 Filed 07/30/20 Page 1 of 2 PagelD #: 29

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,
APPLICATION AND ORDER
-against- OF EXCLUDABLE DELAY
KEVIN JAY LIPSITz 20-M-509
Defendant.

The United States of America and the defendant KEVIN JAY LIPSITZ
hereby jointly request that the time period from July 30,2020 to September 14, 2020
be excluded in computing the time within which an information or indictment must be filed.
The parties seek the foregoing exclusion of time in order because

es they are engaged in plea negotiations, which they believe are likely to result in

C) they need additional time to investigate and prepare for trial due to the
complexity of the case,

This is the first application for entry of an order of excludable ~The
defendant was arrested on July 8, 2020 and July % 2020
Andrew Wangf—_ Hanna Shoshany
Assistant U.S. Attorney Counsel for Defendant

For defendant to read, review with counsel, and acknowledge:

I understand that federal law generally provides that I have a right to have formal
charges lodged against me within thirty days of my arrest and a right to a trial on those
charges within seventy days after formal charges have been lodged. I further understand that
I do not have to consent to the exclusion of time sought in this application and that, by
consenting to entry of this order, the date on which formal charges must be lodged will be
delayed and the date for the commencement of any trial on those charges will likely be .
delayed as well. I also understand that if formal charges are not brought against me within
the time required by law, I may seek relief from the court, and that this relief might include
dismissal of the complaint now pending against me.
Case 1:20-mj-00509-RLM Document 7 Filed 07/30/20 Page 2 of 2 PagelD #: 30

T have reviewed this application, as well as the order annexed below, and have
discussed the question of whether I should consent to entry of an order of excludable d
carefully with my attorney. I consent to the entry of the order voluntarily and
free will. I have not been threatened or coerced for my consent.

Date

indictment and the question of whether to consent to entry of an order of excludable delay. I
am satisfied that my client understands the contents of this application and the attached
order, that my client consents to the entry of the order voluntarily a is or herewn free
will, and that my client has not been threatene ed for consént. —

Hanna Shoshany
Counsel for Defendan

ORDER OF EXCLUDABLE DELAY

Upon the joint application of the United States of America and defendant,
KEVIN JAY LIPSITZ __, and with the express written consent of the defendant, the time
period July 30,2020 toSeptember 14, 2020 is hereby excluded in computing the
time within which an information or indictment must be filed, as the Court finds that this
exclusion of.time serves the ends of justice and outweighs the best interests of the public and
the defendant in a speedy trial because

given the reasonable likelihood that ongoing plea negotiations will result in a
disposition of this case without trial, the exclusion of time will allow all counsel to focus
their efforts on plea negotiations without the risk that they would be denied the reasonable
time necessary for effective preparation for trial, taking into account the exercise of due
diligence.

| additional time is needed to prepare for trial due to the complexity of case.

O other:

SO ORDERED.

Dated: Brooklyn, New York (SS? lef olen

7—-/4o0 ,20Z0 Hon RobertM Levy
m7 United States Magistrate Judge


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