‘STATE OF NEW YORK COUNTY OF ALBANY CITY OF ALBANY ITY CouRT ‘THE PEOPLE OF THE STATE OF NEW YORK against - NOTICE OF MOTION ‘TO DISMISS PURSUANT TO CPL 170.4001) Docket #: CR3480-81 ELLAZAR WILLIAMS, Defendant. PLEASE TAKE NOTICE, that upon the annexed allirmation of P. David Soares, Assistant Disizit Atlomey, dated January 8,2019, and upon the memorandum of law in suppor thereof, the People will move this Cour, on date and at atime to beset by the Court, to dismiss the charging pending agnnst the defendant pursuant to CPL. 170.40(), together with such further relief as this Court may dcem jus, equitable, and proper. Pavia Soares Albany County District Attomey DATED: Albany, New York January'8, 2019STATE OF NEW YORK COUNTY OF ALBANY CITY OF ALBANY CITY COURT ‘THE PEOPLE OF THE STATE OF NEW YORK against = AFFIRMATION IN SUPPORT OF MOTION TO DISMISS PURSUANT TO CPL 170.40(1) ELLAZAR WILLIAMS, Defendant. P. David Soares, a duly licensed and practicing atomey of the State of New ‘York, affirms as follows under penalty of perry: 1. “That he isthe Distt Attomey of Albany County and that in such capacity, your alfirmant i ull familiar wit he facts and circumstances of tis action. 2, That he submits ths Motion to Dismiss pursuant to CPL 170.40(1, together with the atached Memorandum of Law in support thereof. 3. That this Affirmation is made upon information and belie; the source of your alfirmant’s information and the basis for his belief are an examination of the files maintained by the Albany County Distict Attomey's Office, the product of @ sixieen- \woek, independent investigation conducted by the Office, 4. That the Office has now completed its investigationRELEVANT FACTS 5, On August 20, 2018, at approximately 2:34pm, the defendant and another men, Santos Vasquez, entered a grocery store loosed at 265 Central Avenue 6. The pair quickly became involved in a verbal alteration with the owner, who asked them to leave. They eventually complied. These events were captured on video surveillance from the store 7. Over the next two hous, the defendant and Vasquez were captured by video surveillance proceeding along the strets of Arbor Hill. At some point, the defendant changed into a dark hooded sweatsiet (although it was eighty degres that day), and st pproximately 3:30pm he was captured on video apparently concealing something on his hip ase stood on the steet. 8, At around this same time the defendant and Vasque met up with third men, Xavier Bolden, Bolden was on probation and wearing a GPS monitoring bracelet. Since they stayed together for the rest ofthe afternoon, Bolden’s bracelet tracked the location ofall hee men 9. At427pm, the defendant and Vasquez retumed to the store, now with Bolden in tow. The trio began an alteration withthe store owner, and bottles were throw at the storetont. Most ofthis altercation was captured on video from the stare. 10, Dusing the altercation, scconding to thee separate, civilian witnesses, the defendant indicated he hada gun and threatened to shoot the store over. 11. At4:SIpm a clerk atthe sor called 911 to report that aman witha gun had come to the store, vas fighting with the owner, and had threatened to shoot him. She said that the man was still at the store. She also gave description: the alleged gunman was a