Sellers indictment

download Sellers indictment

of 88

  • date post

    28-Feb-2018
  • Category

    Documents

  • view

    219
  • download

    0

Embed Size (px)

Transcript of Sellers indictment

  • 7/25/2019 Sellers indictment

    1/88

    SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK

    THE PEOPLE OF THE STATE OF NEW YORK

    -against-

    KENNY HERNANDEZ a/k/a Jay,FELIX NUNEZ, a/k/a Jake,OSCAR ALMONTE,

    Defendants.

    THE GRAND JURY OF THE COUNTY OF NEW YORK, by this

    indictment, accuse defendants KENNY HERNANDEZ, a/k/a Jay, FELIX

    NUNEZ, a/k/a Jake, and OSCAR ALMONTE, of the crime of CONSPIRACY

    IN THE SECOND DEGREE, in violation of Penal Law 105.15, committed as

    follows:

    The defendants, in the County of New York, and elsewhere, during the period

    from on or about June 1, 2015, to on or about the date of this indictment, with intent

    that conduct constituting the crime of CRIMINAL SALE OF A CONTROLLED

    SUBSTANCE IN THE SECOND DEGREEbe performed, said crime being a

    class A felony, agreed to engage in and cause the performance of such conduct.

    1

  • 7/25/2019 Sellers indictment

    2/88

    OVERT ACTS

    In furtherance of said conspiracy and to effect the objects thereof, from on or

    about June 1, 2015, to on or about the date of this indictment, the following overt acts,

    among others, were committed in New York County (unless otherwise stated):

    1. On or about June 1, 2015, in a series of telephone communications, 1 a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    2. On or about June 1, 2015, in the vicinity of 18 First Avenue, defendant

    HERNANDEZ sold cocaine to a police officer known to the Grand Jury.

    3.

    On or about June 4, 2015, in a series of telephone communications, a co-conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    4. On or about June 4, 2015, in the vicinity of 138 Orchard Street, a co-conspirator

    sold cocaine to a police officer known to the Grand Jury.

    5. On or about June 16, 2015, in a series of telephone communications, a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    6. On or about June 16, 2015, in the vicinity of 140 Orchard Street, defendant

    HERNANDEZsold cocaine to a police officer known to the Grand Jury.7. On or about July 1, 2015, in a series of telephone communications, a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    8. On or about July 1, 2015, in the vicinity of 100 Delancey Street, defendant

    HERNANDEZsold cocaine to a police officer known to the Grand Jury.

    9. On or about July 22, 2015, in a series of telephone communications, a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    10.

    On or about July 22, 2015, in the vicinity of 100 Delancey Street, defendantNUNEZsold cocaine to a police officer known to the Grand Jury.

    11.On or about September 2, 2015, in a series of telephone communications, a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    1All telephone communications described herein are described in part and in substance.

    2

  • 7/25/2019 Sellers indictment

    3/88

    12.On or about September 2, 2015, in the vicinity of 122 Ludlow Street, two co-

    conspirators, acting together, sold cocaine to a police officer known to the

    Grand Jury.

    13.On or about October 6, 2015, in a series of telephone communications, a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    14.On or about October 6, 2015, in the vicinity of 50 Avenue D, defendant

    ALMONTEsold cocaine to a police officer known to the Grand Jury.

    15.On or about October 13, 2015, in a series of telephone communications, a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    16.On or about October 13, 2015, in the vicinity of 140 Forsyth Street, defendant

    NUNEZsold cocaine to a police officer known to the Grand Jury.

    17.On or about October 20, 2015, in a series of telephone communications, a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    18.On or about October 20, 2015, in the vicinity of 100 Delancey Street, defendant

    HERNANDEZsold cocaine to a police officer known to the Grand Jury.

    19.On or about October 20, 2015, after the sale of cocaine to a police officer

    known to the Grand Jury, defendant HERNANDEZ entered 138 Ludlow

    Street.20.On or about October 29, 2015, in a series of telephone communications, a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    21.On or about October 29, 2015, in the vicinity of 76 East 1st Street, a co-

    conspirator sold cocaine to a police officer known to the Grand Jury.

    22.On or about November 11, 2015, in a series of telephone communications, a

    co-conspirator agreed to sell cocaine to a police officer known to the Grand

    Jury.23.On or about November 11, 2015, in the vicinity of 76 East 1stStreet, a co-

    conspirator sold cocaine to a police officer known to the Grand Jury.

    3

  • 7/25/2019 Sellers indictment

    4/88

    24.On or about November 23, 2015, in a series of telephone communications, a

    co-conspirator agreed to sell cocaine to a police officer known to the Grand

    Jury.

    25.On or about November 23, 2015, in the vicinity of 100 Delancey Street,

    defendant HERNANDEZ sold cocaine to a police officer known to the

    Grand Jury.

    26.On or about December 21, 2015, in a series of telephone communications, a

    co-conspirator agreed to sell more than one half of one ounce of cocaine to a

    police officer known to the Grand Jury.

    27.On or about December 21, 2015, in the vicinity of 100 Delancey Street,

    defendantHERNANDEZ

    sold more than one half of one ounce of cocaineto a police officer known to the Grand Jury.

    28.On or about January 4, 2016, in a series of telephone communications, a co-

    conspirator agreed to sell cocaine to a police officer known to the Grand Jury.

    29.On or about January 4, 2016, in the vicinity of 100 Delancey Street, defendant

    NUNEZsold cocaine to a police officer known to the Grand Jury.

    30.On or about January 26, 2016, in the vicinity of Second Avenue and East 32 nd

    Street, after a series of telephone communications during whichCHRISTOPHER DODSONordered 2 to DUANE READE, defendant

    HERNANDEZsold cocaine to CHRISTOPHER DODSON.

    31.On or about January 29, 2016, in the vicinity of 43 West 13thStreet, after a series

    of telephone communications during which ordered

    200 but agreed to DO 3 [TO] GET 4, defendant HERNANDEZsold

    cocaine to .

    32.

    On or about January 29, 2016, in the vicinity of Third Avenue and East 30th

    Street, after a series of telephone communications during which KYLE

    HOLMES ordered 2 to his OLD BUILDING, defendant

    HERNANDEZsold cocaine to KYLE HOLMES.

    4

  • 7/25/2019 Sellers indictment

    5/88

    33.On or about January 29, 2016, in the vicinity of Rivington Street, after a series

    of telephone communications during which

    ordered FOUR BAGS OF WHITE to her hotel room and referenced

    BLOW, defendant HERNANDEZ sold cocaine to

    .

    34.On or about January 31, 2016, in the vicinity of Second Avenue and East 32 nd

    Street, after a series of telephone communications during which

    CHRISTOPHER DODSONordered 3 to DUANE READE, defendant

    HERNANDEZsold cocaine to CHRISTOPHER DODSON.

    35.On or about February 2, 2016, in the vicinity of 162 Orchard Street, after a

    series of telephone communications during whichordered 100 AT WORK to WASSAIL, defendant HERNANDEZsold

    cocaine to .

    36.On or about February 2, 2016, in the vicinity of Second Avenue and East 32nd

    Street, after a series of telephone communications during which

    CHRISTOPHER DODSONordered 3 to DUANE READE, defendant

    HERNANDEZsold cocaine to CHRISTOPHER DODSON.

    37.

    On or about February 3, 2016, in a series of telephone calls where a customerordered 100 to 19th AND PARK defendant HERNANDEZ told a

    customer to meet inside of a CVS pharmacy at Park Avenue and East 20thStreet.

    38.On or about February 3, 2016, in a series of telephone communications,

    defendant HERNANDEZagreed to sell more than one half of one ounce of

    cocaine to a police officer known to the Grand Jury.

    39.On or about February 3, 2016, in the vicinity of 100 Delancey Street, defendant

    HERNANDEZsold more than one-half of one ounce of cocaine to a policeofficer known to the Grand Jury.

    5

  • 7/25/2019 Sellers indictment

    6/88

    40.On or about February 3, 2016, prior to the sale of more than one half of one

    ounce of cocaine a police officer known to the Grand Jury, a co-conspirator

    entered and exited 138 Ludlow Street several times, after which defendant

    HERNANDEZleft 138 Ludlow Street to sell cocaine, with the co-conspirator

    acting as a lookout.

    41.On or about February 4, 2016, after a series of telephone communications

    during which a customer ordered cocaine, defendant HERNANDEZtook a

    black livery cab to the vicinity of 77 Water Street to sell cocaine.

    42.On or about February 4, 2016, in the vicinity of Lexington Avenue and East

    100thStreet, after a series of telephone communications during which

    agreed to purchase 150 of SOME NICE SHIT[HERNANDEZ] JUST GOT, defendant HERNANDEZsold cocaine to

    .

    43.On or about February 4, 2016, in the vicinity of Second Avenue and East 32nd

    Street, after a series of telephone communications during which AUSTIN

    DODSONordered 2, defendant HERNANDEZsold c