People v. Allen

I believe that defendants Doran Allen and Bevon Burgan were properly convicted and sentenced for the reasons that follow. Therefore, I respectfully dissent in part.

For the reasons stated by the majority, I agree that both verdicts were supported by legally sufficient evidence, and were not against the weight of the evidence. .

Although the People re-presented, or commenced a re-presentation, of defendants’ cases to the grand jury without first obtaining leave from the court, and the circumstances of each of the original presentations made it necessary to obtain such leave (see CPL 190.75 [3];…