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People v. Hernandez

Evidence Found Insufficient to Support Single Conspiracy Against MS-13 Members, Dismissed

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*1  Upon review of the grand jury minutes, the Court asked the People to submit written argument explaining the evidence they believe supported their theory of a single conspiracy among the forty-one (41) indicted defendants, all members from multiple cliques of a gang known as MS-13, to commit murder and felonious assault. The Court must determine if the competent and admissible evidence before the grand jury is legally sufficient to establish that a person committed an offense [CPL §190.65(1)] and must view the evidence in the light most favorable to the prosecution to determine whether the evidence, if unexplained and uncontradicted, would warrant conviction by a petit jury. People v. Bellow, 92 NY2d 523, 525 (1998). The captioned defendants moved orally or in writing to dismiss the indictment charges based on insufficient grand jury evidence1. Although this Court recognizes the magnitude of the violence committed by members of MS-13, and has found the evidence of various non-conspiracy counts sufficient to warrant a trial, for the reasons stated below, the Court dismisses

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