You represent Steven Nardi. It's the 180.80 and you have to decide whether to waive time.

The complaint charges Mr. Nardi with Robbery in the Third Degree and Petit Larceny. Supposedly, he went into a bodega and got into a dispute about whether the clerk gave him correct change. He went behind the counter, pushed the clerk out of the way, and grabbed $250 in cash from the cash register, and ran away. He was apprehended a couple blocks away with $250 in his pocket. The clerk ID'd him in a point out. Statement notice was, "I just got paid."

Mr. Nardi has a conviction from 8 years ago for Robbery in the Second Degree. He's no longer on post-release supervision. Other than that, he just has a few misdemeanor convictions and disorderly conduct adjudications on his record.

During your arraignment interview with Mr. Nardi, you learn the following. He doesn't think the bodega clerk will come in and testify against him. He admits 2 of his petit larceny convictions in the past 3 years are from that bodega, but he claims, he and the guys at the bodega just laugh about it. When he was brought to the store for the ID procedure, he saw the clerk had blood dripping down his face and there was an ambulance with its lights on parked outside. When you press him about the injury, he shrugs and says that the clerk might have fallen against something sharp as Mr. Nardi pushed him out of the way.

Towards the end of the interview, Mr. Nardi becomes emotional. He works as a barber, and because of COVID, he hasn't been able to work. He's been drinking more, which makes him act impulsive. He has a good relationship with his wife of 5 years. They have a 2 year-old together. His wife works as an essential worker, so he's been taking care of his daughter. He finds spending time with his daughter both stressful and joyful. Mr. Nardi starts to cry and repeats over and over, "I just can't go back upstate. I want to be with my family."

On the 180.80 day, the prosecutor has no offer or recommendation. You ask for a misdemeanor and a program or a misdemeanor and 6 months. The ADA says that he'll consider a misdemeanor if you waive 180.80 and give him some concrete information he can take back to his supervisor.

Jot down a list of pros and cons to waiving 180.80 time. This doesn't need to be a full essay. Just list some of the factors that you would consider. Before you start, ask yourself:

• What is Mr. Nardi's potential exposure post-indictment?
• Are there limitations on pleas post-indictment?
• What is his exposure pre-indictment?
• What other information would you like to know?