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TO KILL A BUTTERBALL

pilgrim_carrying_turkey_photo_nyreblog_com_.JPGMichael E. was asked to do a hit on "Butterball," but because the gunman didn't know what the victim looked like, Pavan Ortiz allegedly offered to assist.

At trial, prosecutors argued that Ortiz not only identified Butterball, but knew Michael E. intended to kill the guy. Interestingly, a jailhouse interview with Ortiz suggested otherwise.

After he was convicted of second-degree criminal facilitation, and sentenced to 7 1/2 to 15 years, Ortiz claimed on appeal that the trial judge had erred by not permitting his attorneys to attack the credibility of the prosecution's witnesses. Interestingly, the Appellate Division, First Department, agreed and ordered a new trial, because it believed the jury should have heard about the case's inconsistencies.

Who's the turkey now?

cooked_turkey_gif_nyreblog_com_.GIFTo view a copy of the Appellate Division's decision, please use this link: People v. Ortiz

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