STATE OF NEW YORK: COUNTY OF ONONDAGA LIVERPOOL TOWN COURT NOTICE OF APPEAL People of State of New York, w/ statement under oath Plaintiff Case No, 17050131 ~ against —~ County Court Desiree Yagari, index No. 14 -O006459 Defendant Notice, | Desiree Yagan defendant appeal to the County Court for the County of Onondaga County, from Verdict of Guilty after trial before Judge Anthony Lavalle. Entered on June 19, 2019. ‘Sworn Statement is incorporated as this is second trial held by Judge Lavalle. ‘Desiree Yagan dectare under Penalty of Perjury: First, Guilty verdict was obtained in violation of right to fair trial Guaranteed under the under the United States Constitution. ‘Second, this is second trial conducted by Judge Anthony Lavalle. First trial conducted (bench trial) in my absence on date: 2018. Judge Lavalle declared defendant guilty and a presentence report was ordered from Probation. Judge Lavalle and prosecutor of counsel from Costello, Cooney & Fearon Law firm did not disclose that a previous trial held’and was found guilty. 1 had no knowledge this case was, placed on court calendar and Bench trial was conducted last year. Not discovered until reviewed my court file after trial. Bench trial Not known to defendant Evidenced by REPEATED requests for Hearing on Arrest on Bench warrant April 17, 2019. Charged with intentional failure to appear arrested on April 17, 2019 inside Onondaga County Law Library. FACTS RECOUNTED in Motion To Adjourn Trial and Motion for Pretrial Conference (8 pp). Dated June 4, 2019 sent US Mail certified) on June 10, 2019. Motion with STATEMENT OF FACTS Declared true under Penalty of Perjury requested adjournment for 3 months ~ asserted right to due process: (2) Opportunity to be heard to correct court's Misstatements of Fact after arrest on Bench warrant at Appearance on April 23, 2019. (2) Right to Evidentiary hearing on charge of Failure to S4ipesie | did not intentionally fail to appear. (3) Discovery, Pretrial and Hearing on defense of Selective Enforcement. Village of Liverpool Court Judge Anthony Lavalle Did Not inform me bench trial held last year. Defendant was recovering from Multiple leg fractures during this time. Severe injuries sustained after hit by vehicle at Shoppingotwn Mall Parking Lot on Nov 30, 2017. Notice of Appeal with Swom Statement Page 1 of 11 a 0 + o 2 AS oO esa EO aN 38 53Q IODame Yaga Subscribed and Sworn to before me Meche hla) on this k7™ day of July 2019 Notary Public Maholle L, Qrcluceer > Michelle I, Anderson. é Notary Public Btate of New York ‘O1ANG057824 es Quaiified in Onondaga Cour = Commission Expires Apri 23, Dated: July 19, 2019 Town of Liverpool Court 310 Sycamore Street Liverpool, New York 13088 Costello, Cooney & Fearon 500 Plum Street, Liverpool, New York 13088 Clerk Notice of Appeal with Sworn Statement Page 2of 11“Notice to Sheriff Ce we Federal Lawsuit ~ Class Action ‘Search Unconstitutional: | DESIREEYAGAN (315) 440-6133 Bench Warrant alleged FTA on | PO Box 645 Dewitt, New York 13214 Sign Ordinance May 22,2019 | desireeyagan@gmail.com 4 pp total (Attached) June 4, 2019 (Revised) Hand Delivered US Mail & Email (June 7, 2019) Judge Anthony Lavalle Village of Liverpool 310 Sycamore Street Liverpool, NY 13088 Certified Mail# 7018 0680 0000 5938 9765 Costello, Cooney & Fearon Law Firm E-mail) ‘500 Plum Street Ste #300 Syracuse NY 13204 Certified Mall#t 7018 0680 0000 5938 9567 Nadine Bell Esq. Appointed to Prosecute Sign Violation on Behalf of Onondaga County DA. [177-001 village Court Case # 17050131, MOTION TO FOR PRETRIAL CONFERENCE & ADJOURNMENT OF TRIAL Dear Judge Lavalle: Motion to Adjourn trial is justified under the circumstances it is not made capriciously. Request hearing on Motion to Adjourn for 3 Months. Request opportunity to be heard on statements and correct inaccuracies in court record. That are detrimental to defendant. Original scheduled trial did not happen as I was hospitalized after hit by vehicle. On Nov 30 2017 motorist suddenly accelerated from parking space and struck me. Fracturing Left leg (Tibia & Fibula) and Severely injuring (R) Ankle. Hospitalized one week @ Upstate Hospital. Full Leg Cast (Left) Leg and CAM Brace Boot on Right Leg. "During this time | notified Court. March 21, 2018 transported to St. Joseph Hospital to remove cast Tibia & Fibula healed. Full Leg Cast (left leg) was removed. Doctors instructed only 50% weight bearing. That leg muscle strength takes time to develop. That was a lie. Tibi Not Healed. Reported by radiologist reviewing X-rays in reports | obtained from Van Duyn Rehab Center. False Medical Reports also recited in GEICO MD's Report. Malpractice, False Diagnose, Failure To Treat (Grade 3) Injury to Right Ankle Began in ER @ Upstate Hospital with Orthopedic Doctor Brian Kistler. Exacerbated by Dewitt Police Filing False Accident Report (MV-104A). Officer Kevin Skibinski false report reviewed by Sargent Fusco. Candelaria Gonzalez brazenly stated Pedestrian Fell. Dewitt Police Did Not Release statement Pedestrian hit in parking Lot Shoppingtown Mall. Dewitt Police Accident Report # 17-559381 Certified [False Report) 4 pp (attached). MOTION TO ADJOURN TRIAL FOR 3 MONTHS AND MOTION FOR PRETRIAL HEARING ‘Trauma, subjugation & humiliation of Full Strip Search April 17, 2019 on FTA Bench Warrant on Sign Violation =>Cannot be overstated. Consequences Discussed in US Supreme Court. ‘Motion to Adjourn Trial and Motion or Pretrial Conference Page 10f\ 9Iwas in Supreme Court Law Library searching Westlaw and LexisNexis on Medical Malpractice, Insurance Fraud, Police Filing False (MV-104A) and Refusal to Perform Duty. Officer Sturtz was sent from Liverpool to Syracuse to Execute Arrest on FTA Bench Warrant on Sign Viviation, ‘Transported me to Justice Center. Deputies began intake with Alco Sensor Test (For DWI}. CERT Deputy seized CAM Brace Boot as | struggled without until nurse appeared. CERT Officer then escorted me to open room for Ultimate Degradation: Full Strip Search. *Liverpool Police officer Did Not transport me to L’Pool to be arraigned on FTA & released. was transported from law library to Jail (Justice Center) for torment of Full Strip Search. STRIP SEARCH under these circumstances was manife: initive and ut itutional. CAP cannot be used as justification to usurp Fourth Amendment rights. US Supreme court decision in Florence v Burlington County (2012) referenced my very circumstances. April 23, 2019 First Appearance after arrested cn BW issued on charge of FTA Request Opportunity to be Heard to Correct Misstatements by the court, Motion For Evidentiary Hearing on FTA Charge and Pretrial Conference First, l assert Not guilty of FTA. Crime of FTA requires Failure intentional- 1 Did Everything Right. | contacted the Li Hospital then Van Duyn Rehab in parking lot at Sho} m mall. | have mutltipl res Full leg cast boot |. Leanne walk, Request Trial are injured. Court also required | file Motion to Adjourn Trial with copy to Prosecutor. Motion to Adjourn handwritten with Medical Record Faxed to Liverpocl Village Court and Nadine Bell Esq. Attorney appointed by Onondaga County DA. Papers Faxed From Van Duyn Rehab Center. Followed up with the court advising Van Duyn Rehab Center was temporary Address. Exactly as | notified every contact. Includes: 911 Emergency communication re: Foil Request for copies of CAD Report and Notice to Preserve 911 tapes, Town of Dewitt Chief of Police John Anton, Gerard Neri as Special Counsel to Judge Tormey & supreme court Law Library. ‘Adjournment of trial was confirmed on phone Dec 2017. No Further Response Recelved from Liverpoo! court. Entire Case in Liverpool village court subsequently forgotten. Justified and Legitimate Dealing with Multiple interrelated Medical and Legal Issues. REQUEST JUDICIAL NOTICE ON MV-104A & EVIDENTIARY HEARING ON FTA Request Judicial Notice on MV-104A prepared by Dewitt Police office Kevin Skibinski. Review of Police Accident Report Nov 30, 2017 reveals itis false on its face. Begins with officer on first fine states NO OF VEHICLES : 2. Motorist is listed on Right side - location where peclestrian must be listed with box above name to check for pedestrian. Motion to Adjourn Trial and Motion or Pretrial Conference Page 2 of 9POLICE ACCIDENT REPORT FALSE ON ITS FACE. Candelaria Gonzalez is referred as “Driver 2”. Motorist is not at .d_with giving false statemer lice officer. Not ai for violation of Veh & Tre w §1146 Failure . Based on her (False) Statement in Narrative, in part said: ..Pulled out of parking space @ less than 5 MPH, saw Pedestrian, Stopped, PEDESTRIAN FELL. =>She clearly accelerated faster than 4 MPH and DID NOT STOP. Judge Lavalle, as Experienced Personnel Injury Attorney familiar with format and preparation of Police accident reports you can give judicial notice. As proof facts accurately recounted copy of MV-104A. Police Accident Report Case # 17-559381. (4 pp) is attached. RELEASED JUNE 2018 - FOCUS ON REHABILITATION, DOCTORS APPOINTMENTS AND MULTIPLE INTERRELATED PROFOUNDLY SERIOUS ISSUES (CITED HEREIN) Unable to walk in severe pain, SOS Rehab, Medical Treatment, Dewitt Police False Accident report and Refusal to take victim DYAGAN’s Statement, Motorist Who Slammed her car into ‘me Told Polcie | Fell Not Arrested, and related serious Legal Issues. Medical Bills $68,000 alleged due. Letters received: Demand Payment For Upstate Hospital in amount $32,898 from NY AG Civil Division and $ 35,000 by aw firm of Hinman and partners attorneys for Van Duyn Rehab Center. *Letter in response to Fraudulent Ciemand for Payment Faxed to Law firm for Van Duyn (Attached). Numerous appointments (2-4) a week at SOS for rehabilitation. Experiencing =>constant pain right ankle severely altering my life. Outraged by motorist who slams SUV Into me states PEDESTRIAN FELL =>Not Arrested. Intentional Injury, False statements, False Report (iv-104A) implicates Dewitt Police and Candelaria Gonzalez (motorist). ‘SERIOUSNESS OF SUCH ISSUES =>SUPERSEDES ALL OTHER MATTERS False MV-104A REPORT: Pedestrian LISTED on Right side. Motorist LISTED on Right side ‘Accident Narrative is outrageous and physically impossible. (i.e. Motorist pulled out of parking space less than 5 MPH, Saw Pedestrian standing in front of her vehicle, stopped Pedestrian Fell. *No Press Release => as if Never Happened. Together with Malpractice: Failure to treat Grade 3 Torn Ligaments, False Medical Records, Failure to Diagnosis and litany of outrageous False Entries: Upstate Hospital and Van Duyn ~ Preoccupied all time. © Outrageous False Entries in Medical Records:. e.g. Tibia Fracture Healed 3/22/2018. Patient is “Elderly Female” ... Social Worker STOPS in room: Do you Have Funeral Arrangements? MOLST FORM Not Completed... She Remains Full Code Until Signed. erays state Tibia Not Healed. =>Van Duyn & GEICO MD states: Tibia Healed. Motion to Adjourn Trial and Motion or Pretrial Conference Page 3 of S&FMOTION TO ADJOURN TRIAL. MOTION FOR EVIDENTIARY HEARING ON FTA MOTION FOR PRETRIAL CONFERENCE ESSENTIAL PRETRIAL PROCEDURE * MOTION TO ADJOURN TRIAL FOR3 MONTHS; MOTION FOR PRETRIAL CONFERENCE; * MOTION FOR EVIDENTIARY HEARING ON FAILURE TO APPEAR (CRIME). DENTIARY HEARING REQUIRED TO PRESENT EVI J_DID NOT INTENTIONALLY FAIL TO ‘APPEAR IN COURT ON SIGN VIOLATION. THEREFORE | AM _NOT GULTY OF CRIME OF FTA. STRIP SEARCH OF THIS DEFENDANT ARRESTED ON CRIME OF FAILURE TO APPEAR ‘Trauma & Degradation OF Full Strip Search Before Arraigned and Released Of Arrestee accused of FTA on Sign Violation =>Held Apart of Jail Population ‘Supreme Court chief Justice Roberts and Justice Alito in separate concurrence (Florence) Stated .. under different facts and circumstances, arrestee charged with a violation... held ~ apart from jail population =before arraigned, Strip Search could be Unconstitutional. Background Events of April 17, 2019 : ' was inside Law Library Searching LexisNexis on Computer when Liverpool Police officer appeared. Informed me | was being arrested on FTA Bench Warrant. Arrested in Syracuse inside Supreme court Law Library then instead of arraigned in Liverpool Village court, transported to “Justice Center” Jail pursuant to CAP Implemented program. Deputies unable to conceal their animosity PRESENTED Alco Sensor Test (For DW/). Then seized my Brace Boot until Nurse intervened. Then ultimate revolting Degradation => Full Strip & Body Cavity Search. Repulsive submission w/o reason. Held in Holding cell, Arraigned & Released. Uverpool police Chief Donald Morris notified from source to be identified. Occurred After | Posted Letter sent to Robert F. Julian Esq. ! was in Courthouse Law Library where I visited om ‘Sent to locate and arrest Desiree ‘Yagan._1am of information Liverpool Police Do Not tl officer to Syracuse arrest individual charged with FTA lation. Arrests generally when Warrant is discovered during routine traffic stop or other interaction with Police. Liverpool chief of Police notified by individual w/ vendetta. Intent on punishing me for ‘posting letter. *Police officer sent fram Liverpool to Syracuse to arrest me =>After | Posted Enlarged Copy of my Letter to Robert F. Julian Esq. "41 Sent certified mail. Desiree Yagan (315-440-6133) 1162 Belden Street ‘Syracuse NY 13204 Motion to Adjourn Trial and Motion or Pretrial Conference‘THE FOLLOWING ARE ATTACHED IN SUPPORT OF MOTION TO ADJOURN, MOTION FOR EVIDENTIARY HEARING ON FTA. Noth RIFF JAY & ONON! CUNT RN ROBERT DURRESQ. TO PRESERVE ALL SECURITY VIDEOTAPE OF DESIRE YAGAN AT INTAKE BOOKING HOLDING CELL AND PROCESSING... AND NOTICE OF CLASS ACTION FOIL REQUEST TO ONONDAGA COUNTY SHERIFF'S DEPARTMENT ATTN FOILOFFICER MARY JO HIGGINS FOIL REQUEST WITH STATEMENT OF FACTS RECITING ARREST ON BENCH WARRANT ON FTA INSIDE COURTHOUSE * DEGRADATION OF FULL STRIP ‘SEARCH OF ARRESTEE HELD APART OF JAIL POPULATION — UNTIL ARRAIGNED & RELEASED 4 Hee Fore. inci EET_Defne —Ast_Etp tikidktawal ly. DECLARATION {Desiree Yagan Declare under penalty of perjury ali statenionts herein are true. Supported by Evidence in my Possession. Dense igen Desiree Yagen Motion to Adjourn Trial and Motion or Pretrial Conference Page of § F‘THE FOLLOWING ARE ATTACHED IN SUPPORT OF MOTION TO ADJOURN, MOTION FOR EVIDENTIARY HEARING ON FTA. ; ao we Appectece ow April 23,213 Twas we Travmabiven pied Oubregen with she Mrtest inside Cotbare Lebibrery ow Apel 18,2018 Which demo Vail Tostice Cla hetF Deputes then Tw hort Vile, Discoshing Wer Dewigrebrow oF A Homan: Being chereo with FTA ow L'Pool Sigu Or otwAuce, SUbjecken me tn Full Ship Setich aud Visual Body Canty Geavch = cen ent Rob ins Holeisg. Cell BeGre Atiaiqwen qwoNelessed, . US Supeme Quick Sushees tus Haren v Cody of Rodis w Creo ths Travind , Des apatesy cu, utle, Devdstnchons of Bll Su pGarch oot Mucor oFReases. DECLARATION * . [Desiree Yagan Declare under penalty of perjury all staterrients herein are true. Supported by Evidence in my Possession. . D Desiree Yagan Motion to Adjourn Trial and Motion or Pretrial Conference Page G/g‘THE FOLLOWING ARE ATTACHED IN SUPPORT OF MOTION TO ADJOURN, MOTION FOR EVIDENTIARY HEARING ON FTA. Tostice. chie€ Sushee Robutr pwd Tustioe Alito tw Sepencke Comeurfence ADDed that Thes Cont Deed Abt Jimte A\LSHiIp Seauches iw All circattarcaad oF Artestees Hic Violahout ouel Misdemedutc, 13 Comth by hornl, La care thre orestee ans Mid Cf forine held Agavt Fron Tal Bpeleboww BerORE Aucoigud and Lheoly Reaber rad eee Bar /— Strip Search pes pe_uvcowshthoia|. / at Case ty Alot Refine Wt, (Perphraseel) Desiree View ls-that case. Ficct, Regauowg FTA — I Ata Gt Hoo be Evrren whey Heading 10 Preset evidence T tuts Cachdsaey Conscrstes. Ted) Linsdee De Pocess of Ley. TEDewieo Twill Apgerl, DECLARATION *- Desiree Yagan Declare under penalty of perjury ali staterients herein are true. Supported by Evidence in my Possession. Dene Desiree Yagan Civ miwor ofFemes, tr Motion to Adjourn Trial and Motion or Pretrial Conference Poe / .‘THE FOLLOWING ARE ATTACHED IN SUPPORT OF MOTION TO ADJOURN, MOTION FOR EVIDENTIARY HEARING ON FTA. Tw Supper pee the Following "Attaches -Excken L Fax to Yudge tavalhe Dec-21, 2019 Copised Nadie Bell Dated Dec 22, 2K . Seat From Vit Duyw Rehab Comer Gartial ory) 2 aie REED ee A Iplisaokt PR Faxed Apt 2s, 2088 _ = —SubjecT: FTA Benth blctent ave 447-14, — hades Supa Cathars Lheaty os ofa nee Ch of A'Reol Siqw Orbimuie =.= tke Tinwmp 4 Desmantew of thir cifiren, Lett Dew uo asa All Ut Wipeo tv Waal DECLARATION * . | Desiree Yagan Declare under penalty of perjury all Staterionts herein are true. Supported by Evidence in my Possession. Desiree Yagan Motion to Adjourn Trial and Motion or Pretrial Conference Page Be