COUNTY COURT—COUNTY OF ALBANY FILE NO. 1507908 1510416 THE PEOPLE OF THE STATE OF NEW YORK NOVEMBER 13, 2015 OCTOBER TERM -against- MICHAEL CHMIELEWSKI, Defendants. The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: First Count ‘Murder in the First Degree, in violation of Section 125.27(1)(a) vii) of the Penal Law of the State of New York, a Class A-I Felony, in that the defendant, being more than 18 years old, on or about the 21% day of August, 2015, at approximately 3:35 P.M., at 52 Sand Creek Road, located in the Town of Colonie, County of Albany, State of New York, did with intent to cause the death of another person, caused the death of such person, and the victim was killed while the defendant was in the course of committing or attempting to commit and in furtherance of the crime of robbery, burglary in the first degree or second degree, kidnapping in the first degree, arson in the first degree or second degree, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse in the first degree, or escape in the first degree, or in the course of and in furtherance of immediate flight after committing or attempting, to commit any such crime and the victim was not a participant in such crime and the defendant's criminal liability is not based upon the conduct of another pursuant to Section 20 of the Penal Law, to wit: at the aforesaid date, time and place, the defendant, being more than eighteen years old, did intentionally cause the death of one Jacquelyn Porreca, by means of stabbing her, and said victim was killed while the defendant was in course of committing and in furtherance of the crime of Robbery, and said victim was not a participant in the crime, and the defendant's criminal liability is not based upon the conduct of another pursuant to Section 20 of the Penal Law. Ms, Porreca succumbed to her injuries on August 23, 2015. (Continued on Page 2)COUNTY COURT—COUNTY OF ALBANY FILE NO. 1507908 1510416 THE PEOPLE OF THE STATE OF NEW YORK NOVEMBER 13, 2015 OCTOBER TERM -against- MICHAEL CHMIELEWSKI, Defendants. The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: Second Count Murder in the Second Degree, in violation of Section 125.25(1) of the Penal Law of the State of New York, a Class A-I Felony, in that the defendant, on or about the 21 day of August, 2015, at appyoximately 3:35 P.M., at 52 Sand Creek Road, located in the Town of Colonig, County of Albany, State of New York, did with intent to cause the death of another person, caused the death of such person or of a third person, to wit: at the aforesaid date, time and place, the defendant did cause the death of Jacquelyn Porreca by means of stabbing her with a knife. Ms. Porreca succumbed to her injuries on August 23, 2015. (Continued on Page 3)COUNTY COURT—COUNTY OF ALBANY FILE NO. 1507908 1510416 ‘THE PEOPLE OF THE STATE OF NEW YORK NOVEMBER 13, 2015 OCTOBER TERM -against- SEAN MORELAND, Defendants. ‘The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: ‘Third Count Murder in the Second Degree, in violation of Section 125.25(3) of the Penal Law of the State of ‘New York, a Class A-I Felony, in that the defendant, on or about the 21" day of August, 2015, at approximately 3:35 P.M., at 52 Sand Creek Road, located in the Town of Colonig, County of ‘Albany, State of New York, did acting either alone or with one or more other persons, commit or attempt to commit robbery, burglary, kidnapping, arson, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse, escape in the first degree, or escape in the second degree, and, in the course of and in furtherance of such crime or of immediate flight thereftom, he, or another participant, if there be any, caused the death of a person other than one of the participants, to wit: at the aforesaid date, time and place, the defendant did attempt to commit the crime of robbery and/or burglary with another, and in the course of and in furtherance of said crime, another participant did cause the death of a non- participant named Jacquelyn Porreca. Ms. Porreca succumbed to her injuries on August 23, 2015. (Continued on Page 4)COUNTY COURT—COUNTY OF ALBANY FILE NO. 1507908 1510416 THE PEOPLE OF THE STATE OF NEW YORK NOVEMBER 13, 2015 OCTOBER TERM -against- MICHAEL CHMIELEWSKI, and SEAN MORELAND Defendants. ‘The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: Fourth Count Robbery in the First Degree, in violation of Section 160.15(1) of the Penal Law of the State of New York, a Class B Violent Felony, in that the defendant, on or about the 21* day of August, 2015, at approximately 3:35 P.M., at 52 Sand Creek Road, located in the Town of Colonie, County of Albany, State of New York, did forcibly steal property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime caused serious physical injury to any person who is not a participant in the crime, to wit: at the aforesaid date, time and place, the defendant did steal property from one Jacquelyn Porreca, consisting of a quantity of U.S. currency by means of the use of physical force upon said victim, consisting of threatening her with a knife, and during the course of the commission of the crime, Michael Chmielewski did stab Mr. Porreca, who was not a participant in the crime, with a knife causing her death, Ms. Porreca succumbed to her injuries on August 23, 2015. (Continued on Page 5)COUNTY COURT—COUNTY OF ALBANY FILE NO. 1507908 1510416 THE PEOPLE OF THE STATE OF NEW YORK NOVEMBER 13, 2015 OCTOBER TERM -against- MICHAEL CHMIELEWSKI, and SEAN MORELAND Defendants. The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: Fifth Count Burglary in the Second Degree, in violation of Section 140.25(1)(b) of the Penal Law of the State of New Work, a Class C Violent Felony, in that the defendant, on or about the 21" day of August, 2015, at approximately 3:35 P.M., at 52 Sand Creek Road, located in the Town of Colonie, County of Albany, State of New York, did knowingly enter or remain unlawfully in a building with intent to commit a crime therein; and when in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime caused physical injury to another person who was not a participant in the crime, to wit: at the aforesaid date, time, and place, the defendant did knowingly enter or remain in the aforesaid building with intent to commit a crime therein and while in the building he or another participant in the crime caused physical injury to a non-participant in the crime, Jacquelyn Porreca, consisting of stab-wounds to the neck. Ms. Porreca succumbed to her injuries on August 23, 2015. (Continued on Page 6)COUNTY COURT—COUNTY OF ALBANY FILE NO. 1507908 1810416 THE PEOPLE OF THE STATE OF NEW YORK NOVEMBER 13, 2015 OCTOBER TERM -against- SEAN MORELAND Defendants. The Grand Jury of the County of Albany, New York, by this Indictment accuses the defendant of the following crime: Sixth Count Hindering Prosecution in the First Degree in violation of Section 205.65 of the Penal Law of the State of New York, a Class D Felony, in that the defendant, on or about the 21" day of August, 2015, at approximately 3:40 P.M., in the area of Sand Creek Road, located in the Town of Colonie, County of Albany, State of New York, did render criminal assistance to a person who has committed a Class A felony, knowing or believing that such person has engaged in conduct constituting a class A felony, to wit: at the aforesaid date, time and place, the defendant did provide transportation to Michael Chmielewski while having reason to believe that Mr. Chmielewski had just committed a murder. ie ae - Chief Assistant District Attorney David M. Rossi Albany County