153 A.D.2d 636, People v. Bryant

• Citation: 153 A.D.2d 636, 544 N.Y.S.2d 661
• Party Name: People v. Bryant
• Case Date: August 14, 1989
• Court: New York Supreme Court Appelate Division, Second Department

Page 636

153 A.D.2d 636

544 N.Y.S.2d 661

The PEOPLE, etc., Appellant,

v.

Frank BRYANT, Respondent.

The PEOPLE, etc., Appellant,

v.

Eugene HURKIN, Respondent.

The PEOPLE, etc., Appellant,

v.

Francis JAMES, Respondent.

The PEOPLE, etc., Appellant,

v.

Clifford HOLMES, Respondent.

The PEOPLE, etc., Appellant,

v.

Clinton GREEN, Respondent.

The PEOPLE, etc., Appellant,

v.

David WEINBAUM, Respondent.

The PEOPLE, etc., Appellant,

v.

Ann MILLER, Respondent.

The PEOPLE, etc., Appellant,

v.

Woodrow GIST, Respondent.

The PEOPLE, etc., Appellant,

v.

Norma SOLOMAN, Respondent.

Supreme Court of New York, Second Department

August 14, 1989.

[544 N.Y.S.2d 662] Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Leonard Joblove and Seth M. Lieberman, of counsel), for appellant.

William J. Breuer and Paul J. Kenny, Ridgewood, for respondents Frank Bryant and Clifford Holmes.

Eugene Hurkin, Brooklyn, pro se.

Jeffrey M. Steinitz, Brooklyn (Martin I. Saperstein, of counsel), for respondent Clinton Green.

Nathan Coperland, Brooklyn, for respondent Ann Miller.

Seidman & Maiman, New York City (John Barth, of counsel), for respondent Woodrow Gist.

Philip L. Weinstein, New York City (Daniel E. Rosen, of counsel), for respondent Norma Soloman.

Before RUBIN, J.P., and SPATT, HARWOOD and ROSENBLATT, JJ.

MEMORANDUM BY THE COURT.

Appeal by the People from (1) an order of the Supreme Court, Kings County (Moskowitz, J.), dated December 9, 1986, which dismissed Indictment No. 2002/86 against the defendant Frank Bryant pursuant to CPL 30.30(1)(a), (2) an order of the same court, also dated December 9, 1986, which dismissed Indictment No. 2543/86 against the defendant Eugene Hurkin on the same ground, (3) an order of the same court, also dated December 9, 1986, which dismissed Indictment No. 2550/86 against the defendant Francis James on the same ground, (4) an order of the same court, also dated December 9, 1986, which dismissed Indictment No. 2552/86 against the defendant Clifford Holmes on the same ground, (5) an order of the same court dated January 12, 1987, which dismissed Indictment No. 2553/86 against the defendant Clinton Green on the same ground, (6) an order of the same court dated December 9, 1986, which dismissed Indictment No. 2555/86 against the defendant David Weinbaum on the same ground, (7) an order of the same court dated December 9, 1986, which dismissed Indictment No. 2555/86 against the defendant Ann Miller on the same ground, (8) an order of the same court dated December 9, 1986, which dismissed Indictment No. 2557/86 against the defendant Woodrow Gist on the same ground, and (9) an order of the same court dated December 9, 1986, which dismissed Indictment No. 2558/86 against the defendant Norma Solomon on the same ground.

ORDERED that the order dated December 9, 1986, which dismissed Indictment No. 2558/86 against the defendant Norma Solomon is modified by deleting therefrom the provision dismissing the third count of the indictment; as so modified, the order is affirmed; and it is further,

ORDERED that the orders dated December 9, 1986, dismissing Indictment Nos...