Preview
FILED:
[FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 12/30/2020
10/29/2020 03:14
03:41 PM
PMl
INDEX
INDEX NO.
NO. 157331/2019
157331/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 61
51 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 12/30/2020
10/29/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X Index No. 157331/2019
MICHAEL GARCIA,
Plaintiff,
AFFIDAVIT
-against-
DOORDASH, INC. and BARRY SMITH,
Defendants.
-------------------- ---------------------------------X
STATE OF NEW YORK )
ss.:
COUNTY OF NASSAU )
Jenna Spiteri, being duly sworn deposes and says:
1. I am an Investigative Analyst Mañager for Roman & Associates, Inc.
2. At the request of the attorney for defendant DoorDash, Inc., I was asked to
perform a criminal background check of defendant Barry Smith.
3. I used Barry Smith's last known address (13511 Springfield Boulevard, Floor 1,
Springfield Gardens, NY 11413), date of birth (07/08/1986) and social security number
as identifying features.
4. I performed a federal criminal record disposition search within the Eastern
District of New York and no records were found using the name Barry Smith.
5. I submitted a statewide criminal history search with the New York State Office of
Court Administration. The following case was found for Barry Smith:
- Case # CR-009019-20QN: Smith was arrested on 05/11/2020 in
Barry
Queens County. He was charged with Class A misdemeañor assault in the
third degree, Class A misdenicañor endangering the welfare of a child, Class
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 12/30/2020
10/29/2020 03:14
03 : 41 PM INDEX
INDEX NO.
NO. 157331/2019
157331/2019
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 61
51 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 12/30/2020
10/29/2020
A misdemeanor menacing in the second degree, and violation harassment in
the second degree. A temporary order of protection was issued. The charges
have not been disposed yet. The case is pending with the Queens County
Criminal Court. Mr. Smith's next appeamnce is schedided for 11/10/2020.
6. It isimportant to note that the New York Office of Court Administration does not
provide information for sealed records, non-criminal offenses (such as violations or infractions)
or cases where there is no final dispa fan in the case and there has been no on the case
activity
for the prior five years from the date the report is run.
7. We then performed an inquiry with the Criminal Courts of the New York Unified
Court System to obtain any pending criminal cases in local and/or superior court with future
appearance dates involving the subject. In eddities to the above record, the following case was
found naming Barry Smith, born in 1986:
- Case # CR-008856-20BX: Smith was arrested the NYPD on
Barry by
06/02/2020. He was charged with violation criminal trespass in the fourth
degree, Class A misdemeanor criminal possession of stolen property in the
fifth degree, and Class B misdemeanor criminal trespass in the third degree.
The case is active with the Bronx County Criminal Court. Mr. Smith's next
appearance is scheduled for 11/04/2020.
8. Additionally, as part of the routine criminal history search, we performed a sex
offender search with the National Sex Offender Registry and the New York State Division of
Criminal Justice Services, using Barry Smith's narne. No offenders were identified with the
subject's name.
- 2 -
FILED:
F ILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 12/30/2020
10/29/2020 03:14
03 : 41 PM INDEX
INDEX NO.
NO. 157331/2019
157331/2019
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 61
51 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 12/30/2020
10/29/2020
9. We performed a search through the Federal Bureau of Prisons using the subject's
name, age, and gender. Records identify current federal inmates and inmates released after 1982.
No records were found for Barry Smith.
10. A search was performed with the New York State Department of Corrections and
Community Supervision using the subject's name and year of birth. Barry Smith, born in 1986,
was not named as a previous or current state inmate. Further, he was not named as a previous or
current parolee.
11. We then conducted an inquiry with the New York City Department of Correction.
Barry Smith, born in 1986, was not named as a current inmate.
12. Database searches found Barry Smith, born on 07/08/1986, was previously
incarcerated with the North Carolina Department of Corrections. His current status was reported
as inactive parole/probation. The offenses associated with his record included misdemeanor
breaking and entering and larceny. The dates of offense were 12/10/2002, 01/29/2003, and
04/25/2003. The convicti6ñs were recorded in Wake County.
13. On 10/06/2020, we received the requested criminal history search from the Wake
County Courts. We conducted a review of the results to identify all records matching the
subject's name and name of birth. Attached hereto is a true and accurate copy of the Criminal
Record Search I received from the Wake County Clerk's Office. The document is 30 pages in
total and contains the criminal records of all persons named Barry Smith. The highlighted
portions on pages 13 and 14 show the criminal disposition of the Barry Smith that is listed as a
defendant in thislawsuit.
- 3 -
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 12/30/2020
10/29/2020 03:14
03 : 41 PM INDEX
INDEX NO.
NO. 157331/2019
157331/2019
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 61
51 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 12/30/2020
10/29/2020
14. The following records were identified naming Barry Smith Jr. born on
07/08/1986:
- Case # 03CR12678: Smith born on was charged with
Barry Jr, 07/08/1986,
felony break or enter a motor vehicle and misdemeanor larceny. The charge
for break or enter a motor vehicle was dismissed by the District Attorney.
The disposition for the charge of misdemeanor larceny was guilty on
07/02/2003. Mr. Smithwas sentenced to 45 dayssuspêñdedsentence and 18
months of supervision. He was also ordered to pay a fine in the amount of
$255. The record indicated Mr. Smith's probation was revoked on
12/30/2003, and he was ordered to two days of confinement with the Wake
County Jail.
- Case # 02CR119676: Smith Jr. born on was charged with
Barry 07/08/1986,
misdemeanor breaking or entering. The disposition on 07/02/2003 was guilty.
Mr. Smith's sentence was combined with the sentence issued for Case
# 03CR12678, which is noted above.
- Case # 03CR039614: Smith born on was charged with
Barry Jr, 07/08/1986,
misdenicañor larceny. The disposition on 07/02/2003 was guilty. Mr.
Smith's sentence was camhined with the sentence issued for Case #
03CR12678, which is noted above.
15. A search was performed with the North Carolina Department of Public Safety
using the subject's name and year of birth. We found the following offender record for Barry
Smith, born on 07/08/1986, who was assigned Offender ID # 0806448:
- 4 -
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 12/30/2020
10/29/2020 03:14
03 : 41 PM INDEX
INDEX NO.
NO. 157331/2019
15 7331/ 2 0 19
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 61
51 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 12/30/2020
10/29/2020
- Sentence # 01-001: Smith was convicted in Wake on
Barry County
07/02/2003 and sentenced to Community Supervision with the Community
Corrections Division. The sentence type included probation and suspended
sentence with the county jail. The initialcommitment offense was Class 1
misdemeanor of larceny on 01/29/2003, Docket # 03012678. The second
offense, which was consolidated for judgment, was Class 1 misdemeanor
breaking and entering on 12/10/2002, Docket # 02119676. The third offense,
also consolidated for judgment, was Class 1 misdemeanor of larceny on
04/25/2003, Docket # 04/25/2003. The current custody status for Mr. Smith is
inactive.
16. I swear under panalties of that the statemen** contained herein are true
perjury
and accurate to the best of my knowledge.
Jen piteri
Swom to before me this
Day o Octo 2020
Nota bublic
VIC RUlZ
NOWtY PUBLIC, STATE OF NEW YUNC
AMT-0I00I/I7
yggg ggg
in NassauCo
Commission ExpiresMy 17.
- 5 -
Preview
FILED: [FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 12/30/2020 10/29/2020 03:14 03:41 PM PMl INDEX INDEX NO. NO. 157331/2019 157331/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 61 51 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/30/2020 10/29/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X Index No. 157331/2019 MICHAEL GARCIA, Plaintiff, AFFIDAVIT -against- DOORDASH, INC. and BARRY SMITH, Defendants. -------------------- ---------------------------------X STATE OF NEW YORK ) ss.: COUNTY OF NASSAU ) Jenna Spiteri, being duly sworn deposes and says: 1. I am an Investigative Analyst Mañager for Roman & Associates, Inc. 2. At the request of the attorney for defendant DoorDash, Inc., I was asked to perform a criminal background check of defendant Barry Smith. 3. I used Barry Smith's last known address (13511 Springfield Boulevard, Floor 1, Springfield Gardens, NY 11413), date of birth (07/08/1986) and social security number as identifying features. 4. I performed a federal criminal record disposition search within the Eastern District of New York and no records were found using the name Barry Smith. 5. I submitted a statewide criminal history search with the New York State Office of Court Administration. The following case was found for Barry Smith: - Case # CR-009019-20QN: Smith was arrested on 05/11/2020 in Barry Queens County. He was charged with Class A misdemeañor assault in the third degree, Class A misdenicañor endangering the welfare of a child, Class FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 12/30/2020 10/29/2020 03:14 03 : 41 PM INDEX INDEX NO. NO. 157331/2019 157331/2019 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 61 51 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/30/2020 10/29/2020 A misdemeanor menacing in the second degree, and violation harassment in the second degree. A temporary order of protection was issued. The charges have not been disposed yet. The case is pending with the Queens County Criminal Court. Mr. Smith's next appeamnce is schedided for 11/10/2020. 6. It isimportant to note that the New York Office of Court Administration does not provide information for sealed records, non-criminal offenses (such as violations or infractions) or cases where there is no final dispa fan in the case and there has been no on the case activity for the prior five years from the date the report is run. 7. We then performed an inquiry with the Criminal Courts of the New York Unified Court System to obtain any pending criminal cases in local and/or superior court with future appearance dates involving the subject. In eddities to the above record, the following case was found naming Barry Smith, born in 1986: - Case # CR-008856-20BX: Smith was arrested the NYPD on Barry by 06/02/2020. He was charged with violation criminal trespass in the fourth degree, Class A misdemeanor criminal possession of stolen property in the fifth degree, and Class B misdemeanor criminal trespass in the third degree. The case is active with the Bronx County Criminal Court. Mr. Smith's next appearance is scheduled for 11/04/2020. 8. Additionally, as part of the routine criminal history search, we performed a sex offender search with the National Sex Offender Registry and the New York State Division of Criminal Justice Services, using Barry Smith's narne. No offenders were identified with the subject's name. - 2 - FILED: F ILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 12/30/2020 10/29/2020 03:14 03 : 41 PM INDEX INDEX NO. NO. 157331/2019 157331/2019 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 61 51 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/30/2020 10/29/2020 9. We performed a search through the Federal Bureau of Prisons using the subject's name, age, and gender. Records identify current federal inmates and inmates released after 1982. No records were found for Barry Smith. 10. A search was performed with the New York State Department of Corrections and Community Supervision using the subject's name and year of birth. Barry Smith, born in 1986, was not named as a previous or current state inmate. Further, he was not named as a previous or current parolee. 11. We then conducted an inquiry with the New York City Department of Correction. Barry Smith, born in 1986, was not named as a current inmate. 12. Database searches found Barry Smith, born on 07/08/1986, was previously incarcerated with the North Carolina Department of Corrections. His current status was reported as inactive parole/probation. The offenses associated with his record included misdemeanor breaking and entering and larceny. The dates of offense were 12/10/2002, 01/29/2003, and 04/25/2003. The convicti6ñs were recorded in Wake County. 13. On 10/06/2020, we received the requested criminal history search from the Wake County Courts. We conducted a review of the results to identify all records matching the subject's name and name of birth. Attached hereto is a true and accurate copy of the Criminal Record Search I received from the Wake County Clerk's Office. The document is 30 pages in total and contains the criminal records of all persons named Barry Smith. The highlighted portions on pages 13 and 14 show the criminal disposition of the Barry Smith that is listed as a defendant in thislawsuit. - 3 - FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 12/30/2020 10/29/2020 03:14 03 : 41 PM INDEX INDEX NO. NO. 157331/2019 157331/2019 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 61 51 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/30/2020 10/29/2020 14. The following records were identified naming Barry Smith Jr. born on 07/08/1986: - Case # 03CR12678: Smith born on was charged with Barry Jr, 07/08/1986, felony break or enter a motor vehicle and misdemeanor larceny. The charge for break or enter a motor vehicle was dismissed by the District Attorney. The disposition for the charge of misdemeanor larceny was guilty on 07/02/2003. Mr. Smithwas sentenced to 45 dayssuspêñdedsentence and 18 months of supervision. He was also ordered to pay a fine in the amount of $255. The record indicated Mr. Smith's probation was revoked on 12/30/2003, and he was ordered to two days of confinement with the Wake County Jail. - Case # 02CR119676: Smith Jr. born on was charged with Barry 07/08/1986, misdemeanor breaking or entering. The disposition on 07/02/2003 was guilty. Mr. Smith's sentence was combined with the sentence issued for Case # 03CR12678, which is noted above. - Case # 03CR039614: Smith born on was charged with Barry Jr, 07/08/1986, misdenicañor larceny. The disposition on 07/02/2003 was guilty. Mr. Smith's sentence was camhined with the sentence issued for Case # 03CR12678, which is noted above. 15. A search was performed with the North Carolina Department of Public Safety using the subject's name and year of birth. We found the following offender record for Barry Smith, born on 07/08/1986, who was assigned Offender ID # 0806448: - 4 - FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 12/30/2020 10/29/2020 03:14 03 : 41 PM INDEX INDEX NO. NO. 157331/2019 15 7331/ 2 0 19 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 61 51 RECEIVED RECEIVED NYSCEF: NYSCEF: 12/30/2020 10/29/2020 - Sentence # 01-001: Smith was convicted in Wake on Barry County 07/02/2003 and sentenced to Community Supervision with the Community Corrections Division. The sentence type included probation and suspended sentence with the county jail. The initialcommitment offense was Class 1 misdemeanor of larceny on 01/29/2003, Docket # 03012678. The second offense, which was consolidated for judgment, was Class 1 misdemeanor breaking and entering on 12/10/2002, Docket # 02119676. The third offense, also consolidated for judgment, was Class 1 misdemeanor of larceny on 04/25/2003, Docket # 04/25/2003. The current custody status for Mr. Smith is inactive. 16. I swear under panalties of that the statemen** contained herein are true perjury and accurate to the best of my knowledge. Jen piteri Swom to before me this Day o Octo 2020 Nota bublic VIC RUlZ NOWtY PUBLIC, STATE OF NEW YUNC AMT-0I00I/I7 yggg ggg in NassauCo Commission ExpiresMy 17. - 5 -