People v. Flores
| Citation | 84 N.Y.S.3d 543,165 A.D.3d 695 |
| Decision Date | 03 October 2018 |
| Docket Number | Ind. No. 580–14,2015–03379 |
| Parties | The PEOPLE, etc., respondent, v. Wilfredo FLORES, appellant. |
| Court | New York Supreme Court Appellate Division |
165 A.D.3d 695
84 N.Y.S.3d 543
The PEOPLE, etc., respondent,
v.
Wilfredo FLORES, appellant.
2015–03379
Ind. No. 580–14
Supreme Court, Appellate Division, Second Department, New York.
Argued—March 8, 2018
October 3, 2018
Laurette D. Mulry, Riverhead, N.Y. (Lisa A. Marcoccia of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Alfred J. Croce of counsel), for respondent.
REINALDO E. RIVERA, J.P., SANDRA L. SGROI, COLLEEN D. DUFFY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (John J. Toomey, J.), rendered March 23, 2015, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and the indictment is dismissed without prejudice to the People to re-present any appropriate charges to another grand jury (see People v. Beslanovics, 57 N.Y.2d 726, 727, 454 N.Y.S.2d 976, 440 N.E.2d 1322 ); and it is further,
ORDERED that pursuant to CPL 470.45, the matter is remitted to the County Court, Suffolk County, and that court shall cause the defendant to be brought before it forthwith, at which time that court shall issue a securing order in accordance with the provisions of CPL 210.45(9).
The defendant's contention that the evidence was legally insufficient to disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05[2] ; People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946 ; People v. Simpson, 151 A.D.3d 762, 762, 56 N.Y.S.3d 253 ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt (see People v. Simpson, 151 A.D.3d at 762, 56 N.Y.S.3d 253 ; People v. Landri, 104 A.D.3d 791, 791, 960 N.Y.S.2d 504 ). Moreover, 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, 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 ). Upon reviewing the record here, we are satisfied that the jury's rejection of the defendant's justification defense and the verdict of guilt were 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 ).
Nonetheless, we reverse the judgment because the County Court should have granted the defendant's request to submit to the jury the charge of criminally negligent homicide as a lesser included offense of manslaughter in the first degree. The prosecutor's improper use of the defendant's post-arrest silence to impeach the defendant's testimony...
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White v. Cnty. of Suffolk
...Hubbard, 45 Misc.3d 328 (Efman, J.), aff'd 132 A.D.3d 1013 (2d Dept 2015); the matter of Austin Barth (no cite provided); Wilfredo Flores, 165 A.D.3d 695 (2d Dept 2018); case of Dante Taylor (no cite provided); the case of Messiah Booker (not cite given); and, Rudolph Bisnauth (no cite prov......
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People v. Akbar
...we find that it was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt (see People v. Flores, 165 A.D.3d 695, 84 N.Y.S.3d 543 ; People v. Simpson, 151 A.D.3d 762, 762, 56 N.Y.S.3d 253 ; People v. Landri, 104 A.D.3d 791, 791, 960 N.Y.S.2d 504 ; Peo......
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People v. Hubert
...we find that it was legally sufficient to disprove the defendant's justification defense beyond a reasonable doubt (see People v. Flores, 165 A.D.3d 695, 84 N.Y.S.3d 543 ; People v. Simpson, 151 A.D.3d 762, 762, 56 N.Y.S.3d 253 ). Moreover, in fulfilling our responsibility to conduct an ind......
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People v. Lewis
...653, 654–655, 105 N.Y.S.3d 111 ). For instance, the prosecutor attempted to arouse the sympathies of the jurors (see People v. Flores , 165 A.D.3d 695, 697, 84 N.Y.S.3d 543 ). Additionally, while discussing the character of the defendant, who was a church pastor at the time of trial, the pr......
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Summation
...of certain witnesses were a proper response to the defense counsel’s attacks on the credibility of the witnesses. People v. Flores , 84 N.Y.S.3d 543 (2d Dept. 2018). he cumulative efects of the prosecutor’s continual reference to the defendant as a liar, misstatement of evidence, denigratio......
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Summation
...of certain witnesses were a proper response to the defense counsel’s attacks on the credibility of the witnesses. People v. Flores , 84 N.Y.S.3d 543 (2d Dept. 2018). he cumulative efects of the prosecutor’s continual reference to the defendant as a liar, misstatement of evidence, denigratio......
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Summation
...of certain witnesses were a proper response to the defense counsel’s attacks on the credibility of the witnesses. People v. Flores , 165 A.D.3d 695, 84 N.Y.S.3d 543 (2d Dept. 2018). The cumulative effects of the prosecutor’s continual reference to the defendant as a liar, misstatement of ev......
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Summation
...of certain witnesses were a proper response to the defense counsel’s attacks on the credibility of the witnesses. People v. Flores , 84 N.Y.S.3d 543 (2d Dept. 2018). he cumulative efects of the prosecutor’s continual reference to the defendant as a liar, misstatement of evidence, denigratio......