People v. Morales

— Order of the Supreme Court, Bronx County (Frank Torres, J.), dated September 20, 1990, which granted defendant’s motion to dismiss the indictment, is unanimously reversed on the law and the indictment reinstated.

On the night of April 14, 1986, as Reinaldo Mejias was leaving the building at 1915 Andrews Avenue in the Bronx, he heard three shots. He observed defendant Jose Morales, with whom he was acquainted from the neighborhood, standing approximately twenty feet away from him. Defendant was not far behind Rogelio Rodriguez, who was staggering and appeared to be dizzy. Mejias noticed…