People v Sosa
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People v Sosa 2016 NY Slip Op 33041(U) October 24, 2016 Supreme Court, Rockland County Docket Number: 2016-255 Judge: William A. Kelly Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] 1132-/ /lo ?:r- ~UPREME •FILED -AC COURT OF.!, STATE OF NEW YORK COUNTY OF ROCKLAND OCT 31 2016 Rockland County Clerk's Office THE PEOPLE OF THE STATE OF NEW YORK . -againstGERSON SOSA, 11111111111111111 Doc ID: *039260630004 Type: cou Kind: PEOPLE . . Recorded: 10/31/2016 at 11:22:42 AM Fee Amt: $0.00 Page 1 of 4 Transaction: DECISION & ORDER Rockland County, NY Paul P1perato County Clerk DECISION & ORDER IND. # 2016-255 C0-2016-001132 The defendant has moved by omnibus motion, dated September 12, 2016 for various forms of pre-trial relief. The People filed an affirmation in opposition. The motion is decided as follows: A. Grand Jury Minutes/Dismissal of Indictment Pursuant to the defendant's motion to inspect and review, the Court, in camera, reviewed the presentation of evidence and legal instructions to the Grand Jury in order to determine the legal sufficiency of that presentation. This Court has reviewed the evidence presented and finds that the presentation was legally sufficient to support the charges within the indictment. Viewing the evidence in the light must favorable to the People, and allowing for all reasonable inferences to be drawn from the evidence, the People have presented evidence that makes out a prima facie case for each crime charged. See [* 2] ... :. --~--- • ---·---- • generally People v. Swamp, 84 N.Y.2d 725 (1995); People v. Manini, 79 N.Y.2d 561 (1992); People v. Deegan, 69 N. Y.2d 969 (1987); People v. Mayo, 36 N.Y.2d 1002 (1975). The Grand Jury was adequately instructed on the law with respect to the crimes charged and the attendant legal concepts. People v. Calbud, 49 N.Y.2d 389 (1980); People v. Hillaire, 270 A.D.2d 359 (2nd Dep't 2000). There were no defects in the presentation of evidence that warrant dismissing the indictment. People v. Huston, 88 N.Y.2d 400 (1996). The defendant's motion for disclosure of the Grand Jury minutes is also denied. In the Matter of the Attorney General of the State of New York v. Firetog, 94 N.Y.2d 477 (2000). B. Suppression of Statements The defendant's motion is granted insofar as a hearing will be held immediately prior to trial to determine the admissibility of any statements. -------- [* 3] C. • SandovalNentimiglia • The defendant's motion is granted insofar as a hearing will be held immediately prior to trial to determine the admissibility of any prior criminal or bad acts which the People seek to use in their direct case or use in the crossexamination of the defendant. At least one day prior to the hearing, the People are to provide counsel for the defendant with an itemized list of prior convictions and/or bad acts they will seek to introduce on their direct case or utilize in cross examining the defendant. D. Bill of Particulars The bill of particulars supplied by the People is sufficient. See, ~, People v. Davis, 41 N.Y.2d 678 (1977). The bill of particulars together with the voluntary disclosure form adequately clarify the pleadings to apprise the defendant of the conduct constituting the crimes charged. Id. E. Discovery and Inspection The People's response to the defendant's request for discovery and inspection is sufficient. C.P.L. §240.20. This Decision shall constitute the Order of the Court. [* 4] • Dated: • ENTER New City, New York October 24, 2016 WILLIAM A. KELLy J.S.C. TO: THOMAS P. ZUGIBE, ESQ. District Attorney of Rockland County JAMES CREAN, ESQ.
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