DECISION AND ORDER Genaro Placencia is charged, inter alia, with Robbery in the Third Degree in violation of Penal Law §160.05. The Court has reviewed the Grand Jury minutes in camera pursuant to CPL §210.30(4). The evidence presented to the grand jury including testimony from the complaining witness, who stated that on November 13, 2023, at approximately 3:00 pm, the complainant was at store located at Essex Street and Liberty Avenue, in Brooklyn. While talking with his cousin, Palencia approached them. Palencia asked the complainant if he could wear the complainant’s blue Rock Star coat. The complainant said no, whereupon Palencia threatened to punch the complainant in the face if he did not comply with Palencia’s request. The complainant complied, took off the coat, and gave it to Palencia. The complainant testified that Palencia’s name was Genaro Placencia, who is otherwise known by the street name “Nito.” The complainant states that he knows Palencia through complainant’s cousin for approximately one year and has seen Palencia approximately three times per week during that time. The complainant testified that Palencia was not joking about the coat and Palencia was mad about “something that happened earlier.” He testified to being in fear of Palencia and said he held an honest belief that Palencia was going punched him in the face if he did not give in to the demand for complainant’s coat. Compliant also stated that his phone was inside of a coat pocket, and that he never got back the coat or the cell phone. The People admitted no exhibits were admitted. The Court finds that the People presented legally sufficient evidence to establish each of the offenses charged and that there was reasonable cause to believe that the defendants committed those offenses. See CPL §190.65; People v. Swamp, 84 N.Y.2d 725 (1995); People v. Jennings, 69 N.Y.2d 103 (1986); People v. Pelchat, 62 N.Y.2d 97 (1984). The Court further finds that the Assistant District Attorney properly instructed the Grand Jurors on the applicable law. See People v. Calbud, Inc., 49 N.Y.2d 398 (1980); People v. Lyons, 391 A.D.2d 508 (App. Div. 2d Dept. 2002). Accordingly, no reduction or dismissal of any count is warranted. The foregoing constitutes the decision and order of the Court. Dated: June 17, 2024
