People v. Areefeen Hirji, 2019–02699

• Decision Date: 29 July 2020
• Docket Number: Ind. No. 928/17,2019–02699
• Citation: 185 A.D.3d 1053,128 N.Y.S.3d 570
• Parties: The PEOPLE, etc., Respondent, v. AREEFEEN HIRJI, Appellant.
• Court: New York Supreme Court — Appellate Division

185 A.D.3d 1053
128 N.Y.S.3d 570

The PEOPLE, etc., Respondent,
v.
AREEFEEN HIRJI, Appellant.

2019–02699
Ind. No. 928/17

Supreme Court, Appellate Division, Second Department, New York.

Argued—May 28, 2020
July 29, 2020

128 N.Y.S.3d 571

Jeffrey Lichtman, New York, N.Y. (Jason Goldman of counsel), for appellant.

Madeline Singas, District Attorney, Mineola, N.Y. (Yael V. Levy and Monica M.C. Leiter of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., ROBERT J. MILLER, JOSEPH J. MALTESE, BETSY BARROS, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Francis Ricigliano, J.), rendered February 26, 2019, convicting him of manslaughter in the second degree, leaving

128 N.Y.S.3d 572

the scene of an incident without reporting, reckless endangerment in the second degree, making a punishable false written statement, and reckless driving, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.

ORDERED that the judgment is affirmed.

On February 23, 2017, the defendant, who was driving a white 2017 Honda Accord Sport, and Jonnathan Santos, who was driving a black 2015 BMW, were traveling side-by-side in adjacent lanes of the Long Island Expressway (hereinafter the Expressway) in excess of 110 miles per hour when their vehicles made contact. The collision caused the BMW to start spinning, and it struck a third vehicle and a guardrail. The impact with the guardrail caused the rear passenger door to open and Gianfranco Peralta, who was not wearing a seatbelt, was ejected from the BMW and died at the scene. Santos was arrested at the scene and ultimately pleaded guilty to manslaughter in the second degree. The defendant never stopped, and a witness saw the Honda leave the Expressway at the next exit.

After a trial, the jury convicted the defendant of manslaughter in the second degree, leaving the scene of an incident without reporting, reckless endangerment in the second degree, making a punishable false written statement, and reckless driving.

The defendant contends that his convictions of manslaughter in the second degree, leaving the scene of an incident without reporting, reckless endangerment in the second degree, and reckless driving were against the weight of the credible evidence. In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5] ; People v. Danielson , 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v. Mateo , 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053 ; People v. Bleakley , 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). Upon reviewing the record here, we are satisfied that the verdict of guilt on the counts of manslaughter in the second degree, leaving the scene of an incident without reporting, reckless endangerment in the second degree, and reckless driving was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).

We agree with the Supreme Court's determination to deny the defendant's request for a jury instruction on the statutory exemption to accomplice liability (see Penal Law § 20.10 ), inasmuch as there is no evidence to support a finding that his conduct was necessarily incidental to Santos' crime (see People v. Lee, 56 A.D.3d 1250, 1252, 868 N.Y.S.2d 453 ; People v. Daddona , 181 A.D.2d 688, 689–690, 581 N.Y.S.2d 356 ; see generally People v. Manini , 79 N.Y.2d 561, 569–571, 584 N.Y.S.2d 282, 594 N.E.2d 563 ).

We agree with the Supreme Court's determination denying the defendant's request for a missing witness charge, as the...