2012 Conference Executive Record Report.pdf - YMCA of Greater ...

TABLE OF AUTHORITIES
People v. Adair, 84 A.D.3d 1752 (N.Y. App. Div. 4th Dep’t 2011) 6
People v. Foy, 32 N.Y.2d 473 (N.Y. 1973) 5
People v. Spears, 64 N.Y.2d 698 (N.Y. 1984) 5
QUESTIONS PRESENTED
I. Did the trial court abuse it’s discretion in denying Appellant Ortega a third adjournment in
order to locate his alibi witness, thus violating Appellant Ortega’s Sixth Amendment right?
(1) Was Atiron a material witness?
(2) Was due diligence exercised by the Appellant?
(3) Will Atrionbe available at a future trial?
II. Did the trial court violate Appellant Ortega’s right to effectively confer with counsel?
STATEMENT OF FACTS
Appellant Ortega and his best friend Atrion Raimundi attended a wedding in Saratoga
Springs, New York in which they were the only two minorities at the almost completely white
wedding. Both men made song requests of the DJ, but the DJ did not want to play Appellant
Ortega’s song request and stated that he had just given a song request. Being the only two
minorities at the event, Appellant Ortega angrily replied that it was the other black man. Later
that night, the DJ reported his $5,000 digital mixer stolen and the DJ identified Appellant Ortega
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in the lineup as the man whole stole the mixer. This identification was backed up by two other
witnesses. Appellant Ortega’s attorney failed to notify the prosecution until two days prior to
trial that they would be calling Atrion Raimundi as an alibi witness.
During the prosecution’s case, Flynn Jebb, Appellant’s former girlfriend and Atrion’s
date for the evening, testified Atrion was with her almost the entire night and often in the dessert
line, but not on or near the dance floor. She further testified that she saw the Appellant on the
dance floor. No witnesses testified that they saw the Appellant and Atrion together in the dessert
line, contradicting Atrion’s statement upon which Appellant’s attorney was basing their
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