People v. Jenkins

• Citation: 2023 NY Slip Op 02031
• Decision Date: 20 April 2023
• Docket Number: 110320
• Parties: The People of the State of New York, Respondent, v. Willie F. Jenkins, Appellant.
• Court: New York Supreme Court Appellate Division

2023 NY Slip Op 02031

The People of the State of New York, Respondent,
v.
Willie F. Jenkins, Appellant.

No. 110320

Supreme Court of New York, Third Department

April 20, 2023

Calendar Date: February 16, 2023

Pamela B. Bleiwas, Ithaca, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Nathan M. Bloom of counsel), for respondent.

Before: Egan Jr., J.P., Clark, Pritzker, Ceresia and Fisher, JJ.

Clark, J.

Appeal from a judgment of the County Court of Chemung County (Christopher P. Baker, J.), rendered January 22, 2018, upon a verdict convicting defendant of the crimes of assault in the first degree, criminal use of a firearm in the first degree, criminal possession of a weapon in the second degree (two counts) and criminal possession of a weapon in the third degree.

During an altercation at a convenience store on April 8, 2017 in the City of Elmira, Chemung County, a man (hereinafter the victim) was shot. Defendant was thereafter charged in a seven-count indictment with attempted murder in the second degree, assault in the first degree, two counts of criminal use of a firearm in the first degree, two counts of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree. Following a jury trial, defendant was acquitted of attempted murder in the second degree but was found guilty on the remaining counts. However, upon defendant's motion, County Court vacated the conviction of one count of criminal use of a firearm in the first degree, finding that it was repugnant to the verdict because such count required a conviction on the attempted murder count. Defendant was then sentenced, as a second violent felony offender, to concurrent prison terms of 23 years followed by 5 years of postrelease supervision for his convictions of assault in the first degree and criminal use of a firearm in the first degree and to lesser concurrent terms of incarceration on the remaining convictions. Defendant appeals.

Defendant contends that the verdict is legally insufficient and against the weight of the evidence because the proof adduced at trial did not establish his identity as the shooter. "When assessing the legal sufficiency of a jury verdict, we view the facts in the light most favorable to the People and examine 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 Harris, 203 A.D.3d 1320, 1321 [3d Dept 2022] [internal quotation marks and citations omitted], lv denied 38 N.Y.3d 1033 [2022]; see People v Santiago, 206 A.D.3d 1466, 1467 [3d Dept 2022]). In turn, when "conducting a weight of the evidence review, we must view the evidence in a neutral light and determine first whether a different verdict would have been unreasonable and, if not, 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" (People v Barzee, 190 A.D.3d 1016, 1017-1018 [3d Dept 2021] [internal quotation marks and citations omitted], lv denied 36 N.Y.3d 1094 [2021]; see People v Martinez, 166 A.D.3d 1292, 1293 [3d Dept 2018], lv denied 32 N.Y.3d 1207 [2019]).

As relevant here, a person is guilty of assault in the first degree, a class B violent felony when, "[w]ith intent to cause serious physical injury to another person, he [or she] causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument" (Penal Law § 120.10 [1]; see Penal Law § 70.02 [1] [a]). "A person is guilty of criminal use of a firearm in the first degree when he [or she] commits any class B violent felony offense as defined in [Penal Law § 70.02 (1) (a)] and he [or she]... possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged" (Penal Law § 265.09 [1] [a]). "A person is guilty of criminal possession of a weapon in the second degree when[,]... with intent to use the same unlawfully against another, such person

... possesses a loaded firearm" (Penal Law § 265.03 [1] [b]). A person may also be found guilty of criminal possession of a weapon in the second degree when, subject to exceptions not applicable herein, "such person possesses any loaded firearm" (Penal Law § 265.03 [3]) Lastly, "[a] person is guilty of criminal possession of a weapon in the third degree when" he or she possesses a firearm "and has been previously convicted of any crime" (Penal Law § 265.02 [1]; see Penal Law § 265.01 [1])

On the night of the incident, a male convenience store employee (hereinafter "the male clerk") testified that he was conducting inventory when he began to hear raised voices, and he...