People v. Daniels, 109319

CourtNew York Supreme Court Appellate Division
Writing for the CourtRumsey, J.
Citation104 N.Y.S.3d 392,174 A.D.3d 955
Docket Number109319,109804
Decision Date03 July 2019
Parties The PEOPLE of the State of New York, Respondent, v. Edward DANIELS, Also Known as Midget, Appellant.

174 A.D.3d 955
104 N.Y.S.3d 392

The PEOPLE of the State of New York, Respondent,
v.
Edward DANIELS, Also Known as Midget, Appellant.

109319
109804

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

Calendar Date: June 7, 2019
Decided and Entered: July 3, 2019


104 N.Y.S.3d 393

Carolyn B. George, Albany, for appellant.

Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.

Before: Egan Jr., J.P., Lynch, Mulvey, Devine and Rumsey, JJ.

MEMORANDUM AND ORDER

Rumsey, J.

104 N.Y.S.3d 394
174 A.D.3d 955

Appeals (1) from a judgment of the Supreme Court (Milano, J.), rendered March 9, 2017 in Schenectady County, upon a verdict convicting defendant of the crimes of attempted assault in the first degree and criminal possession of a weapon in the third degree, and (2) by permission, from an order of the County Court of Schenectady County (Sypniewski, J.), entered October 4, 2017, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

Defendant was charged by indictment with attempted murder in the second degree, assault in the first degree, reckless endangerment in the first degree, criminal possession of a weapon in the third degree and leaving the scene of an incident without reporting based on allegations that he intentionally hit the victim with his vehicle following a bar fight. At trial, Supreme Court charged the jury on attempted assault in the first degree as a lesser included offense of assault in the first degree and instructed the jury on justification with respect to all of the charges, except for leaving the scene of an incident without reporting. Defendant was convicted of attempted assault in the first degree and criminal possession of a weapon in the third degree, but was acquitted of the remaining charges. Supreme Court sentenced defendant to two concurrent prison terms, the greatest of which was seven years, followed by five years of postrelease supervision. During the pendency of this appeal, defendant made a pro se motion to vacate the judgment of conviction pursuant to CPL 440.10 on the ground that he was denied the effective assistance of counsel. In an October 2017 order, County Court denied the motion without a hearing. Defendant now appeals from the judgment of conviction and, by permission, from the October 2017 order.

174 A.D.3d 956

Defendant argues that his conviction for attempted assault in the first degree is not supported by legally sufficient evidence and is against the weight of the evidence. Initially, defendant failed to preserve his challenge to the legal sufficiency of the evidence given that his motion for a trial order of dismissal at the close of the People's proof was not "specifically directed at the error[s] being urged" on appeal ( People v. Hawkins , 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946 [2008] [internal quotation marks and citations omitted]; see People v. Werkheiser , 171 A.D.3d 1297, 1298, 98 N.Y.S.3d 345 [2019] ).1 Nevertheless, we necessarily evaluate as part of our weight of the evidence review whether each element of attempted assault in the first degree was proven beyond a reasonable doubt (see People v. Martinez , 166 A.D.3d 1292, 1293, 88 N.Y.S.3d 665 [2018], lv denied 32 N.Y.3d 1207, 99 N.Y.S.3d 208, 122 N.E.3d 1121 [2019] ; People v. Coleman , 151 A.D.3d 1385, 1386, 58 N.Y.S.3d 631 [2017], lv denied 29 N.Y.3d 1125, 64 N.Y.S.3d 675, 86 N.E.3d 567 [2017] ).

"When undertaking a weight of the evidence review, we must first determine whether, based on all the credible evidence, a different finding would not have been unreasonable and[, if not,] then weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony to determine if the verdict is supported by the weight of the evidence. When conducting this review,

104 N.Y.S.3d 395

we consider the evidence in a neutral light and defer to the jury's credibility assessments" ( People v. Gill , 168 A.D.3d 1140, 1140, 90 N.Y.S.3d 392 [2019] [internal quotation marks and citations omitted] ). As relevant here, a conviction for attempted assault in the first degree requires proof that, "[w]ith intent to cause serious physical injury to another person," the defendant attempted to "cause such injury ... by means of a deadly weapon" ( Penal Law § 120.10[1] ; see Penal Law § 110.00 ).2

It is undisputed that defendant struck the victim with his vehicle. Defendant testified at trial that, subsequent to a physical altercation with the victim at a bar, he was driving his vehicle when he saw the victim holding a revolver, pointing it at the ground and "jogging" toward him. Defendant stated that, in response, he "hit the gas" and "ducked [his] head." He further stated that he "felt the car jump on the curb" and "remember[ed] slamming on the brakes." Defendant testified

174 A.D.3d 957

that, when he came to a stop, he looked up and saw the victim running at "full speed." When asked...

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9 practice notes
  • Simpson v. Bell, 18-cv-1378 (ERK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 27 Agosto 2021
    ...Review and Meta-analysis Comparing Anatomic Locations in Needle Thoracostomy 47 Injury 797 (2016).5 Compare People v. Daniels , 174 A.D.3d 955, 957–58, 104 N.Y.S.3d 392 (3d Dep't 2019) (reversing a conviction based on failure to give a stop-deliberation instruction), leave denied 34 N.Y.3d ......
  • People v. LaDuke, 111099
    • United States
    • New York Supreme Court Appellate Division
    • 7 Abril 2022
    ...we find that the weight of the evidence readily supports the conviction of attempted assault in the first degree (see People v. Daniels, 174 A.D.3d 955, 957, 104 N.Y.S.3d 392 [2019], lvs dismissed 34 N.Y.3d 950, 952, 110 N.Y.S.3d 642, 660, 134 N.E.3d 641, 659 [2019]; People v. Rawlinson, 17......
  • Simpson v. Bell, 18-cv-1378 (ERK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 27 Agosto 2021
    ...Review and Meta-analysis Comparing Anatomic Locations in Needle Thoracostomy 47 INJURY 797 (2016). [5] Compare People v Daniels, 174 A.D.3d 955, 957-58 (3d Dep't 2019) (reversing a conviction based on failure to give a stop-deliberation instruction), leave denied 34 N.Y.3d 950 (2019); with ......
  • People v. Harris, 110194
    • United States
    • New York Supreme Court Appellate Division
    • 6 Agosto 2020
    ...as defendant did not raise the arguments upon which he now relies when he moved for a trial order of dismissal (see People v. Daniels, 174 A.D.3d 955, 956, 104 N.Y.S.3d 392 [2019], lvs dismissed 34 N.Y.3d 950, 952, 110 N.Y.S.3d 642, 660, 134 N.E.3d 641, 659 [2019]; People v. Vanderhorst, 11......
  • Request a trial to view additional results
9 cases
  • Simpson v. Bell, 18-cv-1378 (ERK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 27 Agosto 2021
    ...Review and Meta-analysis Comparing Anatomic Locations in Needle Thoracostomy 47 Injury 797 (2016).5 Compare People v. Daniels , 174 A.D.3d 955, 957–58, 104 N.Y.S.3d 392 (3d Dep't 2019) (reversing a conviction based on failure to give a stop-deliberation instruction), leave denied 34 N.Y.3d ......
  • People v. LaDuke, 111099
    • United States
    • New York Supreme Court Appellate Division
    • 7 Abril 2022
    ...we find that the weight of the evidence readily supports the conviction of attempted assault in the first degree (see People v. Daniels, 174 A.D.3d 955, 957, 104 N.Y.S.3d 392 [2019], lvs dismissed 34 N.Y.3d 950, 952, 110 N.Y.S.3d 642, 660, 134 N.E.3d 641, 659 [2019]; People v. Rawlinson, 17......
  • Simpson v. Bell, 18-cv-1378 (ERK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 27 Agosto 2021
    ...Review and Meta-analysis Comparing Anatomic Locations in Needle Thoracostomy 47 INJURY 797 (2016). [5] Compare People v Daniels, 174 A.D.3d 955, 957-58 (3d Dep't 2019) (reversing a conviction based on failure to give a stop-deliberation instruction), leave denied 34 N.Y.3d 950 (2019); with ......
  • People v. Harris, 110194
    • United States
    • New York Supreme Court Appellate Division
    • 6 Agosto 2020
    ...as defendant did not raise the arguments upon which he now relies when he moved for a trial order of dismissal (see People v. Daniels, 174 A.D.3d 955, 956, 104 N.Y.S.3d 392 [2019], lvs dismissed 34 N.Y.3d 950, 952, 110 N.Y.S.3d 642, 660, 134 N.E.3d 641, 659 [2019]; People v. Vanderhorst, 11......
  • Request a trial to view additional results

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