People v. Jackson

• Decision Date: 29 November 2012
• Citation: 100 A.D.3d 1258,954 N.Y.S.2d 679,2012 N.Y. Slip Op. 08179
• Parties: The PEOPLE of the State of New York, Respondent, v. Raysomon JACKSON, Appellant.
• Court: New York Supreme Court — Appellate Division

100 A.D.3d 1258
954 N.Y.S.2d 679
2012 N.Y. Slip Op. 08179

The PEOPLE of the State of New York, Respondent,
v.
Raysomon JACKSON, Appellant.

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

Nov. 29, 2012.

[954 N.Y.S.2d 680]

James P. Milstein, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant, and appellant pro se.

P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.

Before: MERCURE, J.P., MALONE JR., KAVANAGH, STEIN and GARRY, JJ.

MERCURE, J.P.

[100 A.D.3d 1258]Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered March 25, 2010, upon a verdict convicting defendant of the crimes of murder in the second degree and criminal possession of a weapon in the second degree.

In February 2009, the frozen body of the victim was found lying among piles of garbage in a long abandoned building at 810 Broadway in the City of Albany. The victim had been killed by a gunshot wound to the head. Following the discovery of the [100 A.D.3d 1259]victim's blood in defendant's vehicle—

[954 N.Y.S.2d 681]

which had been found nearby, on fire, in January 2009—defendant was charged in an indictment with one count each of murder in the first degree, murder in the second degree (felony murder), robbery in the first degree and criminal possession of a weapon in the second degree. The matter proceeded to a jury trial, at the close of which defendant was acquitted of murder in the first degree, but convicted of felony murder and criminal possession of a weapon in the second degree. He was sentenced, as a second felony offender, to an aggregate prison term of 25 years to life, to be followed by five years of postrelease supervision. Defendant appeals, and we now affirm.

Initially, we reject defendant's argument that the verdict was against the weight of the evidence. “Necessarily, in conducting [a] weight of the evidence review, [we] ... consider the elements of the crime, for even if the prosecution's witnesses were credible[,] their testimony must prove the elements of the crime beyond a reasonable doubt” ( People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). As relevant here, a person is guilty of felony murder when “he [or she] commits or attempts to commit robbery ... and, in the course of and in furtherance of such crime or of immediate flight therefrom, he [or she] ... causes the death” of another person (Penal Law § 125.25[3] ). “A person is guilty of criminal possession of a weapon in the second degree when ... such person possesses any loaded firearm” other than in the “person's home or place of business” (Penal Law § 265.03[3] ).

Here, the record reveals that the victim and his friend Ezekiel Mohammed drove from New York City, where they resided, to the home of the victim's parents in the City of Schenectady, Schenectady County on the night of January 28, 2009. The victim was interested in buying two ounces of marihuana to resell in New York City and sought the assistance of his brother, Tyrone Torak, in locating a seller. Torak observed that the victim had a large amount of cash and contacted his friend Tamieka Scott, who—through various intermediaries—arranged a meeting between the victim and defendant outside her home on Lark Drive in Albany. There is no dispute that the victim entered defendant's car, inspected his marihuana and then returned to wait in Mohammed's car after defendant indicated that he had less than two ounces of marihuana but would return later with more.

Although defendant further testified that he was unable to locate any more marihuana and, therefore, never returned, Scott testified that she watched from her bedroom window as defendant[100 A.D.3d 1260]did return alone about 45 minutes later and parked behind Mohammed's car, facing the other direction. She saw the victim open the car door and enter defendant's vehicle, saw defendant's face as the door opened and, 15 to 20 seconds later, she heard gunfire and saw a flash of light. Mohammed also testified that he heard gunfire about 15 to 20 seconds after the victim had entered defendant's car and that he subsequently saw a man exit the car and point a gun at him. Scott saw the vehicles speed off in opposite directions, and she then called 911.

Firefighters responded to a fire in defendant's green 1993 Honda—which was nominally owned by his brother but used almost exclusively by defendant—at approximately 7:30 a.m. the next morning. The fire had started near the front passenger seat of the vehicle and heavily damaged that area. Although the vehicle was deemed unsalvageable, sold to a scrapyard and crushed, police tracked down the crushed car after the victim's body was

[954 N.Y.S.2d 682]

discovered and, as noted above, found that the passenger compartment contained a small amount of the victim's blood. While defendant's expert testified that a gunshot to the head would have resulted in more...