People v. Hatchcock

• Citation: 96 A.D.3d 1082,2012 N.Y. Slip Op. 04420,945 N.Y.S.2d 796
• Parties: The PEOPLE of the State of New York, Respondent, v. Bobby Joe HATCHCOCK, Appellant.
• Decision Date: 07 June 2012
• Court: New York Supreme Court — Appellate Division

96 A.D.3d 1082

945 N.Y.S.2d 796

2012 N.Y. Slip Op. 04420

The PEOPLE of the State of New York, Respondent,

v.Bobby Joe HATCHCOCK, Appellant.

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

June 7, 2012.

Sandra M. Colatosti, Albany, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Peter N. DeLucia of counsel), for respondent.

Before: PETERS, P.J., MERCURE, ROSE, LAHTINEN and EGAN JR., JJ.

LAHTINEN, J.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered September 2, 2009, upon a verdict convicting defendant of the crime of murder in the second degree.

On June 5, 1997, police received a report of a dead female in a vegetated area behind a Department of Public Works building in the City of Binghamton, Broome County. An autopsy revealed that the victim had died from loss of blood as a result of a wound in her neck caused by a sharp instrument. Although the time of death could not be precisely determined, the victim was last seen alive at about 10:00 P.M. on June 3, 1997, and a teenager first saw her dead body (but did not report it) at around 4:00 P.M. on June 4, 1997.

Several years later, police were able to match the DNA from a condom found in the victim's vagina during the autopsy to defendant. The victim, a drug addict who exchanged sex for drugs or money, also had DNA from other individuals on her body. After the DNA match, defendant was questioned by police in August 2001 and March 2002, giving inconsistent and potentially inculpatory statements. The investigation continued for several years and eventually, in March 2008, defendant was indicted on one count of second degree murder for the death of the victim. Following a jury trial, he was convicted of the charged crime and thereafter sentenced to a prison term of 25 years to life. Defendant appeals.

Defendant argues that the verdict was not supported by legally sufficient evidence and that it was against the weight of the evidence. In legal sufficiency review, we view the evidence in the light most favorable to the People and “ ‘determine whether there is a valid line of reasoning and permissible inferences from which a rational jury could have found the elements of the crime proved beyond a reasonable doubt’ ” ( People v. Acosta, 80 N.Y.2d 665, 672, 593 N.Y.S.2d 978, 609 N.E.2d 518 [1993], quoting People v. Steinberg, 79 N.Y.2d 673, 682, 584 N.Y.S.2d 770, 595 N.E.2d 845 [1992] ). The physician who performed the autopsy testified that the victim had multiple injuries inflicted shortly before her death, and he opined that she died of a stab wound to the neck with resulting blood loss. A condom found in her body during the autopsy contained DNA that was eventually linked to defendant. Upon questioning by two police officers, defendant initially denied involvement with the victim. After being informed of the DNA evidence, he changed his story and admitted having sex with her behind the Department of Public Works building, but stated that it had occurred a few days before the time when he learned about her death. He further recalled that he had smoked crack with the victim that evening and he acknowledged that “things got a little wild.” He also reportedly stated to the police that he did “violent and crazy things” when high. He admitted to police that he normally carried a small knife. Significantly, when directly asked whether he killed the victim, defendant responded several times during the course of the interview that he “ could have” because he was high, but later he told them that he was not the killer. Defendant made statements to relatives and close friends—both shortly after the incident and many years later—reflecting his possible involvement, including stating in the days after the crime that he knew who committed it and asking his girlfriend (as well as others) years later whether a person who killed someone could be forgiven.

As for the element of intent, it can be inferred from defendant's conduct and the surrounding circumstances ( see People v. Bracey, 41 N.Y.2d 296, 301, 392 N.Y.S.2d 412, 360 N.E.2d 1094 [1977];People v. Scott, 47 A.D.3d 1016, 1019, 849 N.Y.S.2d 335 [2008],lv. denied10 N.Y.3d 870, 860 N.Y.S.2d 496, 890 N.E.2d 259 [2008] ). Sufficient proof on this element was provided by the nature and extent of the victim's injuries, the evidence regarding the manner in which the victim was killed and defendant's comments regarding his potential wild and violent conduct ( see People v. Tedesco, 30 A.D.3d 1075, 1076, 816 N.Y.S.2d 269 [2006],lv. denied7 N.Y.3d 818, 822 N.Y.S.2d 493, 855 N.E.2d 809 [2006];People v. Tompkins, 8 A.D.3d 901, 903, 780 N.Y.S.2d 387 [2004];People v. Torres, 141 A.D.2d 682, 683, 529 N.Y.S.2d 566 [1988] ). The verdict is supported by legally sufficient evidence.

Turning to the weight of the evidence, a different verdict would not have been unreasonable. Thus, we view the evidence in a neutral light, weigh conflicting testimony and evaluate any reasonable inferences from the evidence in considering whether the jury justifiably found defendant guilty beyond a reasonable doubt ( see People v. Romero, 7 N.Y.3d 633, 643–644, 826 N.Y.S.2d 163, 859 N.E.2d 902 [2006];People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). The precise time of death was not established and there was evidence that other individuals-including one who admitted to supplying the victim with crack in exchangefor sex on June 3, 1997–had access to her during the time frame in which she died. Defendant offered evidence through the leader of a prison Bible study group explaining that his comment about being forgiven pertained to the drug death of his brother and the fact that he had introduced him to drugs. An expert testifying for the defense stated that bite marks on the victim, when compared to dental molds of various individuals, indicated that one of the other individuals could have inflicted the wounds. There was conflicting proof and difficult credibility issues. According due deference to the credibility determinations made by the jury ( see People v. Bleakley, 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672;People v. Thompson, 92 A.D.3d 1139, 1141, 939 N.Y.S.2d 162 [2012] ) and upon weighing the evidence in the record, we are unpersuaded that the verdict was against the weight of the evidence.

County Cou...