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A Dobbs Ferry man made his first appearance in Irvington Justice Court on Monday on charges of second degree robbery.
Henry Marroquin, 21, was arrested on July 16 around 4 a.m. on Main St. in Irvington after police received a report that two men had assaulted another man and stolen his wallet, injuring him in the process. Police say the victim identified Marroquin as the person who stole the victims wallet.
Marroquin was later arraigned by a Tarrytown judge because no Irvington judges were available. Marroquins bail was set at $12,500 cash or $2,500 bond.
During Mondays Justice Court, Marroquins attorney for Justice Desmond C.B. Lyons to lower the bail, saying Marroquin was charged with something that did not happen.
In addition to disputing the event behind the charges, Marroquins attorney argued that his client was not a flight riskhe has been living with his parents for his entire life and has very strong ties to his community. He then asked the four female family members who were in the courtroom to stand up to prove his point.
Assistant District Attorney Robert Docherty argued against lowering Marroquins bail, saying he was very familiar with him because of two previous cases. Docherty said he believed Marroquin may have one violation of probation. He also said in all of his dealings with Marroquin, there seemed to be some kind of substance or alcohol abuse issues.
We have no reasonable expectations that he wont fall prey to this abuse again, Docherty argued.
Additionally, Docherty noted that Marroquin had an immigration detainer placed on him, meaning that if Marroquin made bail, Docherty believed that Immigration and Customs Enforcement would take Marroquin into custody. This would make it nearly impossible for the court to continue prosecuting his case.
Based on the serious nature of the case and the fact that there are witnesses who have corroborated the facts of the case, Docherty argued against lowering Marroquins bail.
Justice Lyons agreed with Docherty that the bail set over the weekend was adequate and made no changes. He then adjourned the case until Aug. 1.
Forged Check
Cassandra Wallace, 21, appeared in court after several missed dates for a charge of first-degree possession of a forged instrument.
The District Attorneys office offered Wallace a plea of probation and restitution. Wallace would have to pay back $4,434.75, according to the terms of the plea bargain. Wallace is charged with forging a Westchester County Department of Finance check for $4,434.75 and then depositing that check into her back account.
The case was adjourned until October 17, and Lyons told Wallace that if she missed the next court date, all bets are off and she would be jailed.
Other Cases
Lyons granted Joseph M. Raiti-Palazzolo, 24, a one-year adjournment and contemplation of dismissal (ACD) for a charge of unlawful possession of marijuana. This means that if Raiti-Palazzolo does not get arrested over the next year the charges will be dropped.
Donald D. Mckenzie, 25, appeared in court on one charge of third-degree criminal sale of a controlled substance. The District Attorneys office is waiting to see if Mckenzie will plead guilty to another charge in White Plains because that case could cover his Irvington charge.
If Mckenzie pleads not guilty in the county case, his next Irvington court appearance will be Aug. 29.
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