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In SDNY Judge Cote Let Cocaine Pleader Stay Free Now on VOSR Wants Home Detention

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Dec 31 – Juan Carlos Rosario-Sarit was arrested and charged with cocaine conspiracy earlier this year and assigned a Federal Defender.

  But it turned out Federal Defenders had represented a witness in the case, so a CJA lawyer was appointed on July 24 by U.S. District Court for the Southern District of New York Judge Denise Cote.

   On December 30 Judge Cote accepted the guilty plea of Juan Carlos Rosario-Sarit. There is by statute mandatory detention pending sentencing, but one that is waivable in extraordinary circumstances.

    After back and forth with appointed CJA lawyer Avraham Moskowitz about his client's employment at a Venezuelan restaurant in Brooklyn, and with two U.S. Marshal sitting in the back of her courtroom along with Inner City Press, Judge Cote found extraordinary circumstances.

   Already, his co-defendant has moved into the SDNY's Young Adult Opportunity Program (which Inner City Press has written about). And Judge Cote said since she might ultimately decide on a non-incarceratory sentence, detention pending sentencing did not seem right.

    She admonished the defendant "you have to stay employed."

Jump cut to November 17, 2023, when the defendant's lawyer on a Violation of Supervised Released asked for three month home detention on December 5, 2023 at 2:30 pm.

The case is US v. Rosario-Sarit, 19-cr-367 (Cote). 

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