People v. Bradford

2023 NY Slip Op 50636(U)

The People of the State of New York v. Ralief Bradford, Defendant.

Ind. No. 5452/18

Supreme Court, Kings County

June 26, 2023

Unpublished Opinion

Appearing on behalf of the Defendant: Michael Sheinberg, Esq.

Appearing for the People: Assistant District Attorney Sarah Jafari, Kings County District Attorney's Office

Jill Konviser, J.

On January 10, January 13, and January 25, 2023 this Court conducted a combined Dunaway, Wade, Mapp hearing. Prior to the start of testimony the People moved to bifurcate the Wade hearing. The Court reserved decision at that time. Detectives Katherine Siljkovic Salamir Taylor, Reaz Mohammed and Michael Perez, all of the New York City Police Department (NYPD), testified for the People. The defendant did not present any evidence. The parties made oral arguments on March 7, 2023, supplemented with case law. The defendant's motion is granted in part and denied in part. The Court credits the testimony of the People's witnesses and makes the following findings of fact and conclusions of law.

Findings of Fact

Detective Katherine Siljkovic testified that she has been employed by the NYPD for approximately 12 and one-half years, currently assigned to the 75th Precinct Detective Squad.On July 15 2018 she was working a 4:00 p.m. to 12:00 a.m. tour. At approximately 5:10 p.m. she received a call regarding a person shot in the vicinity of Pine Street and Blake Avenue in Brooklyn. She responded to the location and observed multiple uniformed officers. There, she observed a young black male, whom she later learned to be Justin Richey, with blood all over his shirt laying face up on the sidewalk being administered CPR from police personnel. Det. Siljkovic observed spent bullets and bullet holes opposite 1258 Blake Avenue and indicated that four shell casings were found in a red bandana in a trash compacter at 1250 Sutter Avenue (Cypress Houses) approximately a block and a half from 1258 Blake Avenue. A cane was also recovered in the rear of 1250 Sutter Avenue on the grass. Richey was subsequently transported to Brookdale hospital where he was pronounced dead at 5:36 p.m. of gunshot wounds to the torso and hip. Det. Siljkovic subsequently reviewed surveillance video that depicted portions of the altercation, including an individual in dark clothing wearing black and gold sneakers.

At approximately 7:26 p.m. Det. Siljkovic received information from a confidential source that "Ralief" killed "Chuck," in relation to a Front Side (Blood), Back Side (Crip) gang feud in the Cypress Houses. She conducted computer checks that revealed that an individual named "Ralief Bradford" lived in the Cypress Houses at 1210 Sutter Avenue and that he was on parole. ^[1] At approximately 9:20 p.m. she interviewed Confidential Witness 1 (CW1) who stated they were on Blake Avenue when they observed a "heavier male fighting with a younger boy [who] body slammed the victim and hit the victim with a cane and another male, different from that [heavier] male pulled out a firearm and shot the victim and fled toward Euclid Avenue" (Tr. 1/10/23 at 24). ^[2] CW1 described the shooter as a light skinned male black wearing jeans, a red durag on his head, approximately five-seven to five-eight and light colored hair" (Tr. 1/10/23 at 25).

At approximately 10:00 p.m. Det Siljkovic interviewed Confidential Witness 2 (CW2). CW2 indicated they were on Black (sic) Avenue between Euclid and Pine and saw Chuck whom they knew from the neighborhood doing chores and yard work. While they were talking, two males approached and an argument ensued about someone being a Crip. CW2 told the males to leave. A few minutes later they returned with a third male with a cane "and a fight ensued between the males and Chuck" (Tr. 1/10/23 at 28). One of the males hit Chuck with a cane and then the shooter "went in between two parked cars and pulled out a small revolver with a black handle and shot the victim" (Tr. 1/10/23 at 28). CW2 described the shooter as "light skinned male black thin build, short hair, wearing all black clothing and a red durag hanging out of his pants' pocket." Id.

Det. Siljkovic indicated that at approximately 10:50 p.m. an anonymous call was received by the 75th Precinct Detective Squad, the tipster stated that" Ralief, shot Chuck" (Tr. 1/10/23 at 29). ^[3] Approximately ten minutes after that call Det. Siljkovic prepared a photo array using the defendant's recent parole photo, with an additional five filler photos of individuals she determined to have similar characteristics to the defendant. She used the photo manager program and searched "light skinned black males and light skinned Hispanic males" (Tr. 1/13/23 at 133). The defendant's parole photo was in position six. She then called the 73rd Precinct Detective Squad in order to have a detective with no connection to the case administer the array so that it would be a double-blind procedure. Detective Salamir Taylor of the 73 Squad, whom Det. Siljkovic did not know personally, subsequently arrived at the 75th Precinct. She handed Det. Taylor a folder with the photo array documents consisting of the instruction sheet, the photo array report, and the photo array, which were received in evidence as People's 1a, 1b and 1c respectively. ^[4] The photo array shown to CW2, People's 1c, was redacted to remove a white star on the defendant's shirt. ^[5] As such, each of the photos had a black line across the bottom of the photo. (Tr. 1/10/23 at 40). She did not discuss the case or the subject of the array with Taylor. On July 16, 2018 at 1:10 a.m. Det. Taylor entered the 75th Precinct Detective Squad interview room and administered the array to CW2. Det. Taylor subsequently returned the folder to Siljkovic and indicated that CW2 had selected number six (the defendant), as the shooter (TR. 1/10/23 35-36). Based on the positive identification, Det. Siljkovic issued a Suspect I-Card for the defendant.

On July 17, 2018 Det. Siljkovic interviewed Confidential Witness 3 (CW3) at the 84th Precinct Detective Squad. CW3, who knew the victim as Chuck, was on the way to a deli near Euclid and saw Chuck with another person inside the gate of a residence. CW3 subsequently saw two males on Euclid Avenue near Blake Avenue say "he's over here" and walk toward Chuck where a dispute ensued - the males wanted the victim to come out of the gate to fight (Tr. 1/10/23 at 43). Chuck told CW3 that "they think I am Crip" (Tr. 1/10/23). A "heavier male and Chuck began to tussle on the sidewalk and the heavier male hit Chuck with a cane" (Tr. 1/10/23 at 44). CW3 then observed a "light skinned male black with freckles and a skinny build pulled out a.38 long revolver with a black handle and shot Chuck multiple times and fled with the other two males toward the Cypress Houses" (Tr. 1/10/23 at 44). CW3 said that Chuck said "no, stop" before the shooter fired (Tr. 1/10/23 at 44). Det. Siljkovic thereafter created another photo array using the same steps she had employed for the first photo array. The defendant's parole photo was placed in position one. Detective Reaz Mohammed of the 84th precinct Detective Squad, whom Det. Siljkovic did not know personally, was asked to administer the photo array. She did not discuss the case, nor did she indicate who the subject was in the array. She handed Det. Mohammed a folder with the photo array documents consisting of the instruction sheet, the photo array report, and the photo array, which were received in evidence as People's 2a, 2b and 2c subject to connection. ^[6] Det. Mohammed administered the array in People's 2 to CW3 on July 17, 2018 at 9:00 p.m. Det. Mohammed returned the folder to Det. Siljkovic and indicated that CW2 selected number one (the defendant) as being "the shooter" (Tr. 1/10/23 at 48). Subsequently, at 10:05 P.M., Det. Siljkovic modified the Suspect I-Card to a Probable Cause I-Card.

On July 18, 2018 at approximately 8:00 a.m. Detective Perez from Warrants called and informed Siljkovic that the defendant had been taken into custody at a shelter in Queens. While Perez was still at the shelter, Det. Siljkovic asked Perez about the defendant's cell phone and gold and black sneakers which Perez retrieved. The defendant was subsequently brought to the 75th Precinct. At approximately 9:15 a.m. Det. Siljkovic went to the 75th Precinct Detective Squad interview room where she introduced herself to the defendant and asked if he needed anything to eat or drink, to which he replied "no" (TR. 1/10/23 at 54). At approximately 12:25 p.m. she went to interview the defendant, but he declined to speak (Tr. 1/10/23 at 55). Det. Siljkovic then obtained fillers from a shelter and, along with members of the NYPD, prepared a lineup. The first lineup was conducted on July 18, 2018 at 3:40 p.m. - the defendant chose possession number four - there were five fillers. Photographs of this lineup were admitted into evidence as People's 3a, 3b, and 3c. The defendant and fillers were seated and covered with a sheet from their necks down and all wore a black durag to cover their hair as some of the fillers had different hairstyles. CW2 was contacted and told to come to the 75th Precinct pursuant to the investigation. The defendant and fillers were in the lineup room with the door closed, no window, with a security officer present so that CW2 would not be able to see anyone prior to the lineup. CW2 came on their own and was brought into a supervisor's office. The lineup information report, lineup viewing report and lineup pre-viewing instructions were admitted in evidence at the hearing as People's 4a, 4b and 4c, respectively. Det. Siljkovic reviewed the pre-viewing instructions (People's 4c) with CW2 prior to the lineup. People's 4a, the lineup information report, included...