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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-10
Status Open
Type Probation Transfer|Manslaughter While Oui C 265 §13½
Docket 40 entries

Parties

Defendant Birenbaum, Steven E

Lawyers

Docket Entries

  1. Indictment(s) returned
  2. Commonwealth Philip Cheng, Esq.'s Motion for issuance of a summons
  3. Endorsement on Motion for issuance of a summons , (#2.0): ALLOWED
  4. Event Result: The following event: Arraignment scheduled for 11/28/2016 09:00 AM has been resulted as follows: Result: Held as Scheduled Defendant comes into Court. L. Medeiros, MAG P. Cheng, ADA J. Monahan, Atty.
  5. Attorney appearance On this date Joseph W Monahan, III, Esq. added as Private Counsel for Defendant Steven E Birenbaum
  6. Defendant arraigned before Court.
  7. Defendant waives reading of indictment
  8. Plea of not guilty entered on all charges.
  9. Bail set at $50,000.00 Surety, $5,000.00 Cash. Bail Warnings Read. W/O/P Conditions Of Bail: 1) No driving without valid license.
  10. Case assigned to: DCM Track C - Most Complex was added on 11/28/2016 1.) Pre-Trial Conference Date: 2/22/17 Magistrate Session 2.) Pre-Trial Hearing Date: 6/13/17 First Session CtRm 704 3.) Final Pre-Trial Hearing Date: 11/14/17 Fourth Session CtRm 815 4.) Presumptive Trial Date: 12/12/17 Fourth Session CtRm 815
  11. 's Notice of appearance filed for Atty J. Monahan.
  12. Commonwealth 's Statement of the case. filed.
  13. Commonwealth 's Notice of discovery I. filed.
  14. Event Result: The following event: Pre-Trial Conference scheduled for 02/22/2017 09:30 AM has been resulted as follows: Result: Canceled Reason: By Court prior to date
  15. Event Result: The following event: Pre-Trial Hearing scheduled for 06/13/2017 09:30 AM has been resulted as follows: Result: Canceled Reason: By Court prior to date
  16. Event Result: Deft comes into Court Continued to 7-21-17 for hearing Re: PTH in Rm 704 The following event: Pre-Trial Conference scheduled for 06/01/2017 09:30 AM has been resulted as follows: Result: Held as Scheduled Appeared: Defendant Birenbaum, Steven E Attorney Monahan, III, Esq., Joseph W Attorney Cheng, Esq., Philip Curlye, MAG - FTR
  17. Pre-trial conference report filed Applies To: Birenbaum, Steven E (Defendant); Monahan, III, Esq., Joseph W (Attorney) on behalf of Birenbaum, Steven E (Defendant); Cheng, Esq., Philip (Attorney) on behalf of Suffolk County District Attorney (Prosecutor)
  18. Event Result: The following event: Pre-Trial Hearing scheduled for 07/21/2017 09:30 AM has been resulted as follows: Result: Canceled Reason: Joint request of parties Continued to 8-30-17 re PTH(J). non-custody Sullivan, J.
  19. Deft comes into court. PTH held Continued by agreement to 10-5-17 for hearing re discovery(J) Sullivan, J. - P. Cheng, ADA. - J. Mahaney, Atty. - FTR
  20. Comes into court Continued by agreement to 11-13-17 hearing re discovery(J) Miller, J - P Cheng, ADA. - J. Monahan, Atty. - FTR. Judge: Miller, Hon. Rosalind H Judge: Miller, Hon. Rosalind H
  21. Comes into court Continued by agreement to 3-6-18 re FPTH(815) and to 3-12-18 re trial(815) P Cheng, ADA. - J. Monahan, Atty. - FTR Judge: Miller, Hon. Rosalind H
  22. Event Result: Judge: Miller, Hon. Rosalind H The following event: Final Pre-Trial Conference scheduled for 11/14/2017 02:00 PM has been resulted as follows: Result: Rescheduled Reason: Joint request of parties
  23. Commonwealth 's Notice of discovery IV Judge: Miller, Hon. Rosalind H
  24. Deft not in court(Non-c) Continued by agreement to 2-27-18 re plea(J) P Cheng, ADA
  25. Offense Disposition:: Charge #1 MANSLAUGHTER WHILE OUI c265 §13½ On: 02/27/2018 Judge: Hon. Robert N Tochka By: Hearing on Plea Offer/Change Guilty Plea Charge #2 MANSLAUGHTER WHILE OUI c265 §13½ On: 02/27/2018 By: Hearing on Plea Offer/Change Guilty Plea Charge #3 MOTOR VEH HOMICIDE OUI-DRUGS & NEGLIG c90 §24G(a) On: 02/27/2018 Judge: Hon. Robert N Tochka By: Hearing on Plea Offer/Change Dismissed Charge #4 MOTOR VEH HOMICIDE OUI-DRUGS & NEGLIG c90 §24G(a) On: 02/27/2018 Judge: Hon. Robert N Tochka By: Hearing on Plea Offer/Change Dismissed Charge #5 A&B WITH DANGEROUS WEAPON c265 §15A(b) On: 02/27/2018 Judge: Hon. Robert N Tochka By: Hearing on Plea Offer/Change Guilty Plea Charge #6 A&B WITH DANGEROUS WEAPON c265 §15A(b) On: 02/27/2018 By: Hearing on Plea Offer/Change Guilty Plea Charge #7 A&B WITH DANGEROUS WEAPON c265 §15A(b) On: 02/27/2018 By: Hearing on Plea Offer/Change Guilty Plea
  26. Event Result: Judge: Tochka, Hon. Robert N The following event: Jury Trial scheduled for 03/12/2018 09:00 AM has been resulted as follows: Result: Canceled Reason: Case Disposed
  27. Defendant sentenced:: Sentence Date: 02/27/2018 Judge: Hon. Robert N Tochka Charge #: 1 MANSLAUGHTER WHILE OUI c265 §13½ State Prison Sentence Not Less Than: 7 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 1 Days Charge #: 2 MANSLAUGHTER WHILE OUI c265 §13½ State Prison Sentence Not Less Than: 7 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 1 Days Served Concurrently Charge # 1 Committed to MCI - Cedar Junction (at Walpole)
  28. Defendant sentenced:: Sentence Date: 02/27/2018 Judge: Hon. Robert N Tochka Charge #: 5 A&B WITH DANGEROUS WEAPON c265 §15A(b) Served Consecutively Charge # 1 Charge #: 6 A&B WITH DANGEROUS WEAPON c265 §15A(b) Served Consecutively Charge # 1 Charge #: 7 A&B WITH DANGEROUS WEAPON c265 §15A(b) Served Consecutively Charge # 1 Probation: Risk/Need Probation Duration: 5 Years, 0 Months, 0 Days 1. Alcohol and drug evaluation and treatment if deemed necessary 2. 5 NA or AA meetings per week 3. No Drug or alcohol use with random testing
  29. Event Result: Judge: Tochka, Hon. Robert N The following event: Hearing for Change of Plea scheduled for 02/27/2018 09:30 AM has been resulted as follows: Result: Held as scheduled
  30. Defendant waives rights. Judge: Tochka, Hon. Robert N
  31. Plea colloquy given. Judge: Tochka, Hon. Robert N
  32. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Tochka, Hon. Robert N
  33. Defendant warned as to submission of DNA G.L. c. 22E, § 3 Judge: Tochka, Hon. Robert N
  34. Findings and Order of Statutory Fees Judge: Tochka, Hon. Robert N Judge: Tochka, Hon. Robert N
  35. Defendant notified of right of appeal to the Appelate Division of the Superior Court within ten (10) days. Judge: Tochka, Hon. Robert N
  36. ORDER: Deft files Sentencing memorandum Judge: Tochka, Hon. Robert N
  37. Defendant 's Motion to revise and revoke, asks that no action be taken at this time
  38. Probation Transfer Notice Received (case transferring to Essex County) (indictments scanned in)
  39. Probation Transfer Review Complete. Financials reviewed and verified.
  40. Probation transfer accepted. Originating Court: Suffolk County Criminal Case Number: 1684CR00850 Receiving Court: Essex County ;

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