People v. Gray and Dixon

• Court: New York Supreme Court Appellate Division
• Writing for the Court: Peters
• Citation: 728 N.Y.S.2d 513
• Decision Date: 23 April 2001
• Parties: (A.D. 3 Dept. 2001) THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v ROSCHEEM GRAY and DUANE K. DIXON, Respondents. 12668 : THIRD JUDICIAL DEPARTMENT Calendar Date:

Page 513

728 N.Y.S.2d 513 (A.D. 3 Dept. 2001) THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v
ROSCHEEM GRAY and DUANE K. DIXON, Respondents. 12668 SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: THIRD JUDICIAL DEPARTMENT Calendar Date: April 23, 2001
Decided and Entered: June 14, 2001

Page 514

Beth G. Cozzolino, District Attorney (Kenneth L. Golden of counsel), Hudson, for appellant.

Richard L. Mott, Albany, for Roscheem Gray, respondent.

Charles E. Inman, Public Defender (Alex W. Bloomstein of counsel), Hudson, for Duane K. Dixon, respondent.

Before: Cardona, P.J., Mercure, Peters, Spain and Carpinello, JJ.

Peters, J.

Appeal from an order of the County Court of Columbia County (Leaman, J.), entered March 1, 2000, which, upon renewal, granted defendants' motions to dismiss the indictment.

Shortly before 4:00 A.M. on October 17, 1999, Tommas Lifgren left a bar in the Town of Catskill, Greene County, with defendants and traveled to the Town of Greenport, Columbia County, purportedly to complete a narcotics transaction. Defendant Duane K. Dixon operated the vehicle in which Lifgren was a passenger and defendant Roscheem Gray was seated behind him. After crossing the Rip Van Winkle Bridge, the vehicle came to a stop in front of a house. Lifgren suffered a blow to the back of his head, stumbled out of the vehicle and saw Gray trying to strike him with a gun. He ran towards the back of the house and suffered two gunshot wounds. Defendants pursued him, continued the assault and thereafter left by car.

Lifgren, well acquainted with defendants, described the events to the police and both were thereafter indicted for assault in the second degree. Pretrial motions, including motions to dismiss the indictment based upon the legal sufficiency of the evidence, were denied by County Court. Their counsel sought to renew the motions, additionally asserting a Brady violation based upon the People's failure to timely provide them with the statements and notes obtained by police authorities from Serena Phillips and Charnita Carlisle, individuals subsequently identified by Dixon as his alibi witnesses.

After reviewing these materials, County Court concluded that they were exculpatory and directed that they be provided; it rejected the People's assertion that because both witnesses had been named by Dixon, disclosure was not required since both defendants had access to this information. In a subsequent decision, County Court dismissed the...