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People v Barnette 2013 NY Slip Op 30227(U) February 4, 2013 Sup Ct, Kings County Docket Number: 9928/11 Judge: Elizabeth A. Foley Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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SUPREME COURT OF THE STATE OF NEW YORK KINGS COUNTY: CRIMINAL TERM: PART 30 ------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK, Present: Hon. Elizabeth A. Foley v. INDICTMENT NO. 9928/11

ANDREW BARNETTE, BERTRAM BARNETTE, Defendants. ------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK, v. INDICTMENT NO. 9718/12 DECISION AND ORDER

CALVIN COLE, Defendant. ------------------------------------------------------------------X

Defendant Bertram Barnette moves to sever his case from that of his brother, defendant Andrew Barnette, both charged under Indictment No. 9928/11, for purposes of separate trials. The People oppose this motion, and cross move for consolidation of this Indictment with Indictment No. 9718/12, under which defendant Cole is charged, for a single trial of these two Indictments. Defendant Bertram Barnette and defendant Cole oppose consolidation. After a review of the moving and cross moving papers and the respective opposition papers, the

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pertinent Supreme Court file and relevant statutory and caselaw authority, defendant Bertram Barnette's motion is denied and the People's cross motion is granted.1 It must be noted there is no dispute that all three defendants are charged with the same counts of kidnapping, robbery, assault and other related charges, all of which were allegedly committed by them against the same victim on the same date. As posited by the People, the three perpetrators were acting in concert with each other to commit the crimes charged, i.e., on November 21, 2011 at approximately 2:45pm, defendant Bertram Barnette drove defendant Andrew Barnette and defendant Calvin Cole to the Quality Inn located at 2473 Atlantic Avenue, Brooklyn, New York, where defendant Andrew Barnette and Calvin Cole exited the vehicle and grabbed Alicea Arter, dragged her to the car in which defendant Bertram Barnette was waiting, and then forced her inside, whereupon she was subsequently held, beaten and robbed. Defendant Bertram Barnette requests that the Court sever Indictment No. 9928/11 as to defendant Andrew Barnette, pursuant to the good cause provision of CPL

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