People v. Gagliardi

• Decision Date: 31 October 1996
• Citation: 649 N.Y.S.2d 214,232 A.D.2d 879
• Parties: The PEOPLE of the State of New York, Respondent, v. Michael GAGLIARDI, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 214

649 N.Y.S.2d 214

232 A.D.2d 879

The PEOPLE of the State of New York, Respondent, v. Michael GAGLIARDI, Appellant.

Supreme Court, Appellate Division Third Department.

Oct. 31, 1996.

Sandra M. Colatosti, Rensselaer, for appellant.

Mary O. Donohue, District Attorney (Bruce E. Knoll, of counsel), Troy, for respondent.

Before MIKOLL, J.P., and CREW, YESAWICH, PETERS and CARPINELLO, JJ.

MIKOLL, Justice Presiding.

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered May 19, 1994, upon a verdict convicting defendant of the crime of attempted murder in the second degree.

The events underlying this matter involve an attack on an eight-year-old child by defendant, her cousin, who was 16 years old at the time. Defendant was babysitting the victim and her brother when the attack occurred on June 12, 1993 in the Village of Hoosick Falls, Rensselaer County. The child's throat was cut from ear to ear, she was stabbed several times and suffered other egregious bruises to her face and body. Defendant's role in the attack is not contested. At issue, however, is the sufficiency of the evidence convicting defendant of the crime. Defendant contends that intent on his part to commit the act was negated by his severe intoxication on the night in question.

Defendant testified that he had consumed eight cans of beer that night and felt lightheaded and drunk, and that he fell asleep on the couch only to be awakened by his aunt who had found the bloodied victim. Defendant testified that he did not recall the assault at all. The record discloses that the assault occurred sometime after the victim retired to her bedroom. When the police arrived at the scene, defendant was described as not being intoxicated. Testimony disclosed that he had showered after the assault, stuffed the knife used in the crime in a pillow of a chair located on the side porch of the premises and changed clothes. His blood-stained shorts were found underneath the couch. He also attempted to clean up the victim's blood with a towel found on the premises after the assault. Defendant said that when he awoke and found the victim cut and bloodied, he had no recollection of being the perpetrator.

To be found guilty of attempted murder in the second degree, the proof must show that defendant intentionally attempted to cause the victim's death (see, Penal Law §§ 110.00, 125.25[1] ). The legal sufficiency of a jury verdict is established when "there is any valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury * * * and as a matter of law satisfy the proof and burden requirements for every element of the crime charged" (People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [citation omitted] ). Viewing the proof in the light most favorable to the People (see, People v. Thompson, 72 N.Y.2d 410, 413, 534 N.Y.S.2d 132, 530 N.E.2d 839), we find defendant did in fact commit the crime and that the weight of the evidence supports the conclusion that defendant was not so intoxicated as to negate intent. The jury, exercising its fact-finding function in this regard, chose not to credit his version of the evidence. As the trier of fact, the resolution of whether defendant was so intoxicated as to negate intent lay in the jury's domain (see, People v. Danaher, 115 A.D.2d 905, 906, 496 N.Y.S.2d 803).

Also at issue is defendant's admission of the crime after being given his Miranda warnings. This statement, it is claimed, was made while defendant was still intoxicated. Defendant contends that County Court erred in failing to suppress the statement. As to this issue, it is settled that "for a statement to be suppressed because the defendant was intoxicated when it was made, the degree of inebriation must have risen to the level of mania" (People v. Merrick, 188 A.D.2d 764, 765, 591 N.Y.S.2d 564, lv. denied 81 N.Y.2d 889, 597 N.Y.S.2d 951, 613 N.E.2d 983). In addition, the factual findings of the suppression court are entitled to great weight and will not be set aside unless clearly erroneous (see, People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363...