People v. Ackies

• Decision Date: 21 December 2010
• Citation: 914 N.Y.S.2d 211,79 A.D.3d 1050
• Parties: The PEOPLE, etc., appellant, v. Carey ACKIES, et al., defendants, Rasheem Blackman, et al., respondents.
• Court: New York Supreme Court — Appellate Division

914 N.Y.S.2d 211

79 A.D.3d 1050

The PEOPLE, etc., appellant,

v. Carey ACKIES, et al., defendants,Rasheem Blackman, et al., respondents.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 21, 2010.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for appellant.

David T. Roche, New York, N.Y., for respondent Tyriek Hankins.

John J. Rapawy, New York, N.Y., for respondent Isiah Sadler.

FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON, and LEONARD B. AUSTIN, JJ.

Appeals by the People, as limited by their brief, from so much of (1) an order of the Supreme Court, Kings County (Chun, J.), dated February 24, 2009, as, upon reargument, adhered to the original determination in an order dated April 30, 2008, granting those branches of the motion of the defendant Rasheem Blackman which were to dismiss counts 3, 4, 15, and 16 of the indictment insofar as charged against him on the ground that the evidence presented to the grand jury was legally insufficient, (2) an order of the same court dated January 5, 2009, as, upon reargument, adhered to the original determination in an order dated April 8, 2008, granting those branches of the motion of the defendant Sherron Bullock which were to dismiss counts 1, 2, 5, and 6 of the indictment insofar as charged against him on the ground that the evidence presented to the grand jury was legally insufficient, (3) an order of the same court dated January 6, 2009, as, upon reargument, adhered to the original determination in a second order dated April 8, 2008, granting those branches of the motion of the defendant Jaquan Crawford which were to dismiss counts 1, 2, 13, and 14 of the indictment insofar as charged against him and granting those branches of his motion which were to dismiss counts 3, 4, 15, and 16 insofar as charged against him to the extent of reducing those counts from conspiracy in the second degree to conspiracy in the fourth degree on the ground that the evidence presented to the grand jury waslegally insufficient, (4) a second order of the same court, also dated January 6, 2009, as, upon reargument, adhered to the original determination in an order dated April 14, 2008, in effect, granting those branches of the motion of the defendant Sandy Figueroa which were to dismiss counts 1, 2, 5, and 6 of the indictment insofar as charged against her and granting those branches of her motion which were to dismiss counts 3, 4, 7, and 8 insofar as charged against her to the extent of reducing those counts from conspiracy in the second degree to conspiracy in the fourth degree on the ground that the evidence presented to the grand jury was legally insufficient, (5) a third order of the same court, also dated January 6, 2009, as, upon reargument, adhered to the original determination in an amended order dated April 22, 2008, granting those branches of the motion of the defendant Rayvon Folk which were to dismiss counts 1, 2, 13, and 14 of the indictment insofar as charged against him on the ground that the evidence presented to the grand jury was legally insufficient, (6) a fourth order of the same court, also dated January 6, 2009, as, upon reargument, adhered to the original determination in a third order dated April 8, 2008, granting those branches of the motion of the defendant TyriekHankins which were to dismiss counts 1, 2, 13, and 14 of the indictment insofar as charged against him and granting those branches of his motion which were to dismiss counts 3, 4, 15, and 16 insofar as charged against him to the extent of reducing those counts from conspiracy in the second degree to conspiracy in the fourth degree on the ground that the evidence presented to the grand jury was legally insufficient, (7) a fifth order of the same court, also dated January 6, 2009, as, upon reargument, adhered to the original determination in a second order dated April 14, 2008, granting those branches of the motion of the defendant Jameke Howard which were to dismiss counts 1, 2, 13, and 14 of the indictment insofar as charged against him on the ground that the evidence presented to the grand jury was legally insufficient, (8) a sixth order of the same court, also dated January 6, 2009, as, upon reargument, adhered to the original determination in a third order dated April 14, 2008, granting those branches of the motion of the defendant Leslie McFarland which were to dismiss counts 1, 2, 13, and 14 of the indictment insofar as charged against her on the ground that the evidence presented to the grand jury was legally insufficient, (9) a seventh order of the same court, also dated January 6, 2009, as, upon reargument, adhered to the original determination in a fourth order dated April 14, 2008, granting those branches of the motion of the defendant Nora Mouzon, also known as Nora Hunter, which were to dismiss counts 1, 2, 13, and 14 of the indictment insofar as charged against her on the ground that the evidence presented to the grand jury was legally insufficient, and (10) an eighth order of the same court, also dated January 6, 2009, as, upon reargument, adhered to the original determination in an order dated April 15, 2008, granting those branches of the motion of the defendant Isiah Sadler which were to dismiss counts 1, 2, 13, and 14 of the indictment insofar as charged against him on the ground that the evidence presented to the grand jury was legally insufficient.

ORDERED that the order dated February 24, 2009, is affirmed insofar as appealed from; and it is further,

ORDERED that the order dated January 5, 2009, is reversed insofar as appealed from, on the law, upon reargument, the determination in the first order dated April 8, 2008, granting those branches of the motion of the defendant Sherron Bullock which were to dismiss counts 1, 2, 5,and 6 of the indictment insofar as charged against him is vacated, those branches of the motion are denied, counts 1, 2, 5, and 6 insofar as charged against the defendant Sherron Bullock are reinstated, and the matter is remitted to the Supreme Court, Kings County, for furtherproceedings on those counts of the indictment insofar as charged against that defendant; and it is further,

ORDERED that the first order dated January 6, 2009, is modified, on the law, by deleting the provisions thereof, upon reargument, adhering to the original determination in the second order dated April 8, 2008, granting those branches of the motion of the defendant Jaquan Crawford which were to dismiss counts 1 and 2 of the indictment insofar as charged against him and granting those branches of his motion which were to dismiss counts 3, 4, 15, and 16 insofar as charged against him to the extent of reducing those counts from conspiracy in the second degree to conspiracy in the fourth degree, and substituting therefor a provision, upon reargument, vacating that determination and denying those branches of the motion; as so modified, the first order dated January 6, 2009, is affirmed insofar as appealed from, counts 1, 2, 3, 4, 15, and 16 insofar as charged against the defendant Jaquan Crawford are reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on those counts of the indictment insofar as charged against that defendant; and it is further,

ORDERED that the second order dated January 6, 2009, is reversed insofar as appealed from, on the law, upon reargument, the determination in the first order dated April 14, 2008, granting those branches of the motion of the defendant Sandy Figueroa which were to dismiss counts 1, 2, 5, and 6 of the indictment insofar as charged against her and granting those branches of her motion which were to dismiss counts 3, 4, 7, and 8 insofar as charged against her to the extent of reducing those counts from conspiracy in the second degree to conspiracy in the fourth degree is vacated, those branches of the motion are denied, counts 1, 2, 3, 4, 5, 6, 7, and 8 insofar as charged against the defendant Sandy Figueroa are reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on these counts of the indictment insofar as charged against that defendant; and it is further,

ORDERED that the third order dated January 6, 2009, is modified, on the law, by deleting the provision thereof, upon reargument, adhering to the original determination in the amended order dated April 22, 2008, granting those branches of the motion of the defendant Rayvon Folk which were to dismiss counts 1 and 2 of the indictment insofar as charged against him, and substituting therefor a provision, upon reargument, vacating that determination and denying those branches of the motion; as so modified, the third order dated January 6, 2009, is affirmed insofar as appealed from, counts 1 and 2 insofar ascharged against the defendant Rayvon Folk are reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on those counts of the indictment insofar as charged against that defendant; and it is further,

ORDERED that the fourth order dated January 6, 2009, is modified, on the law, by deleting the provision thereof, upon reargument, adhering to the original determination in the third order dated April 8, 2008, granting those branches of the motion of the defendant Tyriek Hankins which were to dismiss counts 1 and 2 of the indictment insofar as charged against him and to dismiss counts 3, 4, 15, and 16 of the indictment insofar as chargedagainst him to the extent of reducing those counts insofar as charged against him from conspiracy in the second degree to conspiracy in the fourth degree, and substituting therefor provisions, upon reargument, vacating that determination, and denying those branches of the motion which were to dismiss counts 15 and 16 insofar as charged against the defendant Tyriek Hankins; as so modified, the fourth order dated January 6, 2009, is affirmed insofar as...