Sept. 4 Correction:

Acting state Supreme Court Judge Catherine Bartlett didn’t find Victor Dempsey not guilty of criminal charges, but her ruling provided the same result of dismissing the charges.

Bartlett issued a trial order of dismissal involving the case against Dempsey, charged with first-degree gang assault and other charges. Her decision came weeks after the non-jury trial ended when the defense attorney asked that the case be dismissed for failing to sufficiently prove the charges.

Bartlett dismissed the indictment counts without a verdict on Wednesday because she viewed the evidence was insufficient to support the charges.
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Acting state Supreme Court Justice Catherine Bartlett today announced she found Victor Dempsey not guilty of first-degree gang assault charge resulting from a fight between two street gangs at a Spring Valley apartment building in December.

Six other men had pleaded guilty to the charge and received state prison sentences from Bartlett, who heard testimony and saw evidence, including surveillance tapes, in a non-jury trial by Dempsey.

After several weeks of delays, Bartlett announced her verdict but did not issue a written decision outlining her reasoning, other than to say the prosecution failed to prove its case. Bartlett had allowed statements and other evidence against Dempsey following pre-trial hearing.

Her decision is final and non-appealable. Defense lawyer David Narain didn’t return telephone messages seeking comment.

District Attorney Thomas Zugibe said he was working on a statement. Prosecutor Stephen Moore was on vacation and didn’t attend the verdict announcement.