2 No. 104
The People &c.,
Respondent,
v.
Anthony Santorelli,
Appellant.
_________________________________________________________________
2000 NY Int. 115
October 26, 2000
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Diarmuid White, for appellant.
Valerie A. Livingston, for respondent.
_________________________________________________________________
KAYE, CHIEF JUDGE:
In the early morning hours of February 4, 1994, Louis Balancio was
murdered outside a bar where Anthony DiSimone and Darin Mazzarella had
gathered with friends. At approximately 3:00 a.m. Darin Mazzarella
called his brother, Nicholas, asking that he come to his apartment
immediately. When Nicholas arrived at the apartment he found Darin,
Anthony DiSimone and another mutual friend, Eric Tofty. DiSimone was
wearing a sweater, jeans and a leather jacket. Tofty was dressed in a
sweatsuit. DiSimone informed his friends that he "did an Albo," which
Nicholas understood to mean that DiSimone had killed an individual of
Albanian descent. As the men discussed what to do next, Alfred
Santorelli, Darin's roommate, returned home and was told of the
earlier events. Alfred told DiSimone and Tofty to change their clothes
because they were covered in blood. The men went into the kitchen to
change, and Alfred Santorelli emerged carrying two trash bags, one
black and the other dark green, which he took from the apartment.
Later that day, while waiting in a restaurant parking lot to meet a
fellow FBI agent, David Calore saw defendant-- Alfred Santorelli's
father--drive into the lot, exit his automobile, look around carefully
and then discard a brown garbage bag in a nearby trash container.
Intrigued by this behavior, Special Agent Calore continued observing
defendant as he ate lunch in his car, placed the wrappings in a nearby
receptacle, then again carefully looked around the parking lot and
placed a second trash bag, this one black, in the same receptacle.
Defendant made a call from a payphone and left.
SNIPPETS:
The People &c., Respondent, v. Anthony Santorelli, Appellant.
This opinion is uncorrected and subject to revision before publication in the New York
Diarmuid White, for appellant.
KAYE, CHIEF JUDGE:
In the early morning hours of February 4, 1994, Louis Balancio was murdered outside a bar
At approximately 3:00 a.m. Darin Mazzarella called his brother, Nicholas, asking that he come
As the men discussed what to do next, Alfred Santorelli, Darin's roommate, returned home and
The men went into the kitchen to change, and Alfred Santorelli emerged carrying two trash
Later that day, while waiting in a restaurant parking lot to meet a fellow FBI agent, David
Intrigued by this behavior, Special Agent Calore continued observing defendant as he ate
On later examination, Calore found a bloodstained leather jacket and sweater in the black bag
the prosecutor informed him that the People would not call Darin Mazzarella to testify at
Consequently, defense counsel acknowledged that the People were not obligated to furnish
"On February 23, 1998, I informed that Assistant United States Attorney Kerry Lawrence of the
In a March 1998 letter to the court responding to defendant's motion, the Assistant District
defense counsel argued to the Trial Judge that this was a joint State-Federal prosecution and
The Judge inquired whether the District Attorney had turned over all Brady and Rosario
Defendant sought to have his conviction vacated pursuant to CPL 440.10, alleging that the
On at least two occasions the District Attorney asked the United States Attorney's Office and
Defendant argued that prospective jurors were questioned in his absence and that defense
In this court's opinion and to the best of my knowledge and belief, the Antommarchi waiver
Opinion by Chief Judge Kaye.
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