People v. Ortiz

Judgment, Supreme Court, New York County (A. Kirke Bartley, J.), rendered June 9, 2008, convicting defendant, after a jury trial, of criminal facilitation in the second degree, and sentencing him to a term of 7V2 to 15 years, reversed, on the law, and the matter remanded for a new trial.

The undisputed evidence was that defendant was with Michael E. when the latter received a pistol from Doreen B., who believed that the victim, whose nickname was “Butterball,” had robbed a drug dealer who worked for her. When Michael E. said that he did not know who Butterball was, defendant said he would show…