PEOPLE v. CLAVELL

2013-07762, Ind. No. 111/11.

176 A.D.3d 844 (2019)

111 N.Y.S.3d 661

2019 NY Slip Op 07271

The People of the State of New York, Respondent, v. Christopher Clavell, Also Known as "Noel," Appellant.

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

Decided October 9, 2019.


Attorney(s) appearing for the Case

Mischel & Horn P.C., New York, NY ( Richard E. Mischel and Gail Jacobs of counsel), for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , and Jonathan K. Yi of counsel), for respondent.

Austin, J.P., Cohen, Brathwaite Nelson and Iannacci, JJ., concur.


Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with CPL 160.50.

At approximately 6:40 a.m. on August 11, 2000, Barbara Perez was found dead on the floor in the back of Power Factory, a gym where she worked in Queens. She had sustained eight gunshot wounds to the head and one to the chest. Perez's duties included opening the gym each...

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