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PEOPLE v. ROBERT VERNACE FRANK RICCARDI

Court consolidates indictments for single trial despite defendant’s pending sanctions motion.

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Friday, February 8, 2002

Supreme Court

Queens County

CRIMINAL TERM, PART K-16

Justice Eng
PEOPLE v. ROBERT VERNACE & FRANK RICCARDI ” The defendants are each charged in the above-captioned indictments with two counts of Murder in the Second Degree (PL 125.25(1); one count as to the victim, John D’Agnese, and one count as to the victim, Richard Godkin. The charges arise from an incident which occurred on April 11, 1981, at the Shamrock Bar, in Woodhaven, Queens. It is alleged that Robert Vernace and Frank Riccardi, together with one Ronald Barlin 1, participated in the shooting deaths of the two victims.
For reasons found legally permissible by the Court of Appeals (People v. Vernace, 96 NY2d 886), the defendant Vernace was not indicted until November 19, 1998, some seventeen years after the incident. The defendant Riccardi, though under indictment, remained a fugitive until his apprehension upon an arrest warrant in the State of Florida, on or about August 20, 2001, some twenty years after the killings.
The People have now moved, pursuant to CPL 200.40(2), for an order consolidating Indictments 3379/98 and 921/82, so that the pending charges may be heard in a single trial. Both defendants have submitted affirmations in opposition to consolidation. In addition, the defendant Vernace has cross-moved for sanctions, pursuant to CPL 240.70(1). The People have opposed that application.

I. The Consolidation Motion

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