Daniels v. Lee
| Decision Date | 06 June 2022 |
| Docket Number | 17-CV-7922 (AT) (RWL) |
| Parties | CHRISTOPHER DANIELS, Petitioner, v. WILLIAM LEE, Superintendent, Respondent. |
| Court | U.S. District Court — Southern District of New York |
TO HON. ANALISA TORRES, JUDGE:
REPORT & RECOMMENDATION
Christopher Daniels, proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction following a jury trial in the Supreme Court of the State of New York, Bronx County. Daniels raises nine arguments by way of two habeas submissions, an initial petition (cited herein as “Habeas Pet.”) and a supplemental petition filed after completion of collateral proceedings (cited herein as “Supp. Hab Pet.”).
In his initial petition, Daniels claims that: (1) the evidence was legally insufficient to establish support for a first-degree assault conviction and led to a verdict against the weight of the credible evidence; (2) the trial court deprived Daniels of a fair trial by refusing to submit third-degree assault as a lesser included offense; (3) the prosecution denied Daniels a reasonable opportunity to testify before the grand jury (4) the trial court deprived Daniels of a fair trial by admitting testimony of an uncharged shooting of the complainant's cousin committed when Daniels was present and (5) Daniels was denied effective assistance of trial counsel.
In his supplemental petition, Daniels claims that: (6) his due process right to a fair and impartial trial was violated when false testimony was adduced at trial and the prosecutor knew it to be false; (7) his appellate counsel failed to provide effective assistance by failing to argue that the trial court committed error by changing the theory of the case; (8) appellate counsel was further ineffective by failing to properly argue that Daniels was not afforded a reasonable opportunity to testify at the Grand Jury; and (9) appellate counsel was further ineffective by failing to brief the meritorious issue that trial counsel failed to ensure that the polling of the jury produced 12 unanimous answers affirming Daniels' guilt.
For the reasons that follow, I recommend that Daniels' petition be DENIED and the action dismissed.
On May 29, 2013, a jury convicted Daniels of first-degree assault under N.Y. Penal Law § 120.10(1), but acquitted him of second-degree attempted murder. Daniels received a fifteen-year jail sentence and five years of post-release supervision. The following facts are drawn from the testimony elicited at trial.
On August 16, 2010, Alex Gonzalez threw a celebratory barbecue for Gonzalez's cousin. (Tr. 368-369.[1]) According to Gonzalez, during the event, he witnessed Daniels and others beating up an unknown individual and approached them to request that they (Tr. 370.) Daniels responded that “it's not your business.” (Tr. 370.) Gonzalez and his family were about to back away from Daniels (Tr. 371.) Everyone ran away and Gonzalez's cousin was taken to the hospital. (Tr. 371).
Less than a month later, on September 13, 2010, while Gonzalez was attempting to park his car, Daniels approached Gonzalez's driver's-side window, banged on the window, and asked, “Are you good now?” four times. (Tr. 372-73.) Gonzalez asked what Daniels was talking about. (Tr. 373.) Daniels told Gonzalez that “it was none of your business,” in reference to the prior fight at the barbecue. (Tr. 373). Daniels called Gonzalez “a pussy,” and asked, (Tr. 373.) Daniels and another individual parked in front of Gonzalez's car so that he could not escape. (Tr. 373.)
Gonzalez then opened the door, at which point Daniels began attacking him. (Tr. 373.) Gonzalez testified that “[Daniels] swung at me first” and hit Gonzalez on the left side of his eyebrow, which “got cut.” (Tr. 373-74.) The blow landed so hard that it turned Gonzalez around so he could not see the next blow coming. (Tr. 374.) He felt “tinglings in [his] elbow which later resulted to be a cut.” (Tr. 374.) Gonzalez stood up and went back to Daniels, where the parties continued swinging at each other. (Tr. 374.) Daniels struck Gonzalez multiple times in the chest, at which point Gonzalez stepped back. (Tr. 374-75.) Daniels began laughing, “called [Gonzalez] a pussy again,” and then left the scene. (Tr. 375.) Gonzalez's friend, who was with Gonzalez during the incident, gave Gonzalez his shirt to fashion a tourniquet on his left arm, and took Gonzalez to Montefiore Hospital. (Tr. 375.)
Gonzalez entered the hospital and collapsed in a hallway, where a security guard and nearby doctor began treatment. (Tr. 375.) At the hospital, doctors told Gonzalez that he had been stabbed in the chest. (Tr. 378.) Dr. Prashanth Sreeramoju, the physician who treated Gonzalez at Montefiore Hospital, testified that Gonzalez suffered a “stab wound in the cardiac window … on the left side of the chest where the heart will be,” as well as “a laceration to the left elbow and the eyebrow.” (Tr. 436.) Dr. Sreeramoju added that Gonzalez “was lucky” despite having some air around his lungs and a small amount of blood in his mediastinum, between his lungs. (Tr. 438.) Dr. Sreeramoju concluded that if Gonzalez's injuries were left untreated, a lot of air could have accumulated around the lung, compressing it, which could have resulted in stopped blood flow and death. (Tr. 440.)
Daniels was arrested on September 13, 2010 and charged with second-degree attempted murder and related charges. (Baumgartner Aff. at 1.[2]) His first defense attorney served a notice of defendant's intent to testify before a grand jury by September 22, 2010. (Baumgartner Aff. at 1-2.)
On that day, the case was sent to the grand jury so Daniels could testify, but Daniels' attorney requested to be relieved. (Baumgartner Aff. at 2.) Defendant was appointed new counsel, David Farman, and the case was adjourned until September 28, 2010, for Daniels to consult with his new attorney prior to testifying. (Baumgartner Aff. at 2.)
On September 28, 2010, the Department of Corrections did not produce Daniels, but rescheduled for the following day. (Baumgartner Aff. at 2.) On September 29, 2010, Daniels was produced; he then told Farman that he was planning to retain a different attorney, Manuel A. Sanchez. (Baumgartner Aff. at 2-3.) Both sides agreed to wait until October 5, 2010, to give Farman an opportunity to determine whether Daniels had in fact retained Sanchez. (Baumgartner Aff. at 3.) Sanchez denied he had been retained. (Baumgartner Aff. at 2.)
Daniels was produced on October 5, 2010, but again told Farman that he had retained Sanchez. (Baumgartner Aff. at 3.) Neither Farman nor the Assistant District Attorney (the “ADA”) could reach Sanchez to confirm. (Baumgartner Aff. at 3).
Accordingly, Farman had the case called before Justice Dawson of the Supreme Court of the State of New York, Bronx County, to request additional time for Daniels to consult with Sanchez before testifying. (Calendaring Tr. 2-3.[3]) The ADA responded, “Either [Daniels] does it today or I vote the case.” (Calendaring Tr. 3.) Justice Dawson asked Farman whether he still wanted to waive Daniels' grand jury appearance; Farman stated that “he had to [waive the appearance]” because he needed additional time to consult with Daniels. (Calendaring Tr. 4). Justice Dawson told the ADA to “do whatever it is you have to do.” (Calendaring Tr. 4.)
The next day, the State went before the grand jury, which returned an indictment against Daniels for second-degree attempted murder, first-degree assault, two counts of second-degree assault, third-degree assault, and fourth-degree criminal possession of a weapon. (Indictment at 1-4.[4]) Daniels did not testify.
On November 17, 2010, Daniels was arraigned in Supreme Court, whereupon Sanchez entered his Notice of Appearance. (Decision and Order at 2.[5]) On November 19, 2010, Farman filed a Motion to Dismiss the Indictment pursuant to N.Y. Crim. Proc. Law § 190.50.[6] (Decision and Order at 2.) Additionally, on November 24, 2010, Daniels filed a pro se Motion to Dismiss the Indictment pursuant to N.Y. Crim. Proc. Law § 190.50. (Decision and Order at 2.) Daniels' pro se motion was ruled untimely, while the motion filed by Farman, and adopted by Sanchez, was deemed meritless because “the defendant was afforded a reasonable time to exercise his right to testify before the Grand Jury.” (Decision and Order at 3.)
A pre-trial hearing occurred on May 10, 2012, before Justice Gross of the Supreme Court of the State of New York, Bronx County, regarding anticipated “Molineux evidence” of Daniels' prior bad acts.[7] (Pretrial Hearing Tr 12-18.[8]) At that hearing, the State requested permission to introduce evidence of the prior fight and shooting at the Gonzalez family barbecue. Defense counsel Sanchez objected on the grounds that the evidence was “highly prejudicial.” (Pretrial Hearing Tr. 15.) Justice Gross overruled the objection, granting the State's application to introduce the evidence and noted that the “prejudicial effect of a jury hearing about a fight in which Mr. Daniels was a participant is far outweighed by its direct and probative relevance on the three issues of motive, intent and identity concerning the events of September 13th.” (Pretrial Hearing ...
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