People v. Conroy

• Citation: 2013 N.Y. Slip Op. 00503,958 N.Y.S.2d 224,102 A.D.3d 979
• Parties: The PEOPLE, etc., respondent, v. Jeffrey CONROY, appellant.
• Decision Date: 30 January 2013
• Court: New York Supreme Court Appellate Division

102 A.D.3d 979
958 N.Y.S.2d 224
2013 N.Y. Slip Op. 00503

The PEOPLE, etc., respondent,
v.
Jeffrey CONROY, appellant.

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

Jan. 30, 2013.

[958 N.Y.S.2d 225]

Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.

WILLIAM F. MASTRO, J.P., THOMAS A. DICKERSON, SANDRA L. SGROI, and SYLVIA HINDS–RADIX, JJ.

[102 A.D.3d 979]Appeals by the defendant from two judgments of the Supreme Court, Suffolk County (R. Doyle, J.), both rendered May 26, 2010, convicting him, upon a jury verdict, of (1) attempted assault in the second degree as a hate crime under Indictment No. 236–09, and (2) manslaughter in the first degree as a hate crime, gang assault in the first degree, conspiracy in the fourth degree, and attempted assault in the second degree as a hate crime (two counts),

[958 N.Y.S.2d 226]

under Indictment No. 3032–08, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant was convicted of several crimes charged in [102 A.D.3d 980]connection with three separate attacks upon Hispanic men occurring on two separate dates, November 3, 2008, and November 8, 2008. During the course of the third incident, the defendant stabbed Marcelo Lucero, causing his death. After a joint trial of the charges, the defendant was convicted of attempted assault in the second degree as a hate crime under Indictment No. 236–09, in connection with the incident of November 3, 2008, and manslaughter in the first degree as a hate crime, gang assault in the first degree, conspiracy in the fourth degree, and attempted assault in the second degree as a hate crime (two counts), under Indictment No. 3032–08, in connection with the incidents of November 8, 2008.

Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of the crimes charged beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( seeCPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 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,cert. denied542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828;People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672). Upon reviewing the record here, we are satisfied that the verdict of guilt 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;People v. Hartman, 64 A.D.3d 1002, 883 N.Y.S.2d 361;People v. Chowdhury, 22 A.D.3d 596, 597, 802 N.Y.S.2d 252;People v. Stoby, 4 A.D.3d 766, 771 N.Y.S.2d 623;People v. Kenward, 266 A.D.2d 155, 699 N.Y.S.2d 35).

The indictments against the defendant were properly joined for trial, inter alia, on the ground that proof of each offense was material and admissible as evidence in chief of the other offenses ( seeCPL 200.20[2]; People v. Latimer, 24 A.D.3d 807, 804 N.Y.S.2d 493). Further, evidence of uncharged crimes committed by the defendant and his codefendants, and prior statements or acts of animosity or hostility, were properly admitted under the circumstances of this case, to complete the narrative of the events, provide background material, and as evidence of motive or state of mind with respect to the crimes charged ( see People v. Till, 87 N.Y.2d 835, 837, 637 N.Y.S.2d 681, 661 N.E.2d 153;People v. Morris, 89 A.D.3d 1112, 1113, 933 N.Y.S.2d 598,lv. granted19 N.Y.3d 964, 950 N.Y.S.2d 116, 973 N.E.2d 214;People...