People v. Jones
| Decision Date | 20 April 2023 |
| Docket Number | 110589 |
| Citation | 2023 NY Slip Op 02032 |
| Parties | The People of the State of New York, Respondent, v. Brandon Jones, Also Known as B and Bu, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Calendar Date:February 16, 2023.
Marlene O. Tuczinski, Chatham, for appellant.
P David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Pritzker, Ceresia and Fisher, JJ.
Appeal from a judgment of the Supreme Court (Richard J. McNally Jr., J.), rendered July 3, 2018 in Albany County, upon a verdict convicting defendant of the crimes of burglary in the second degree (two counts) and robbery in the second degree (six counts).
In the early morning hours of July 11, 2016, two masked men entered a residence on Clermont Street in the City of Albany, wherein five people were sleeping, and robbed them of cash, cell phones and other belongings. Thereafter, defendant and four other individuals - Hud Ahmed Yahia, Armandi Villanueva, Dan Stevens and Darnell Brabham - were arrested. As pertinent here, defendant and Brabham were charged by way of indictment with two counts of burglary in the second degree (see Penal Law § 140.25 [1] [d]; [2]) and six counts of robbery in the second degree (see Penal Law § 160.10 [1], [2] [b]), and proceeded together to a jury trial. Ultimately, Brabham was acquitted of all charges, but defendant was found guilty as charged, and thereafter sentenced, as a second violent felony offender, to eight concurrent prison terms of 10 years, to be followed by five years of postrelease supervision. Defendant appeals.
It is defendant's first contention that the trial evidence is legally insufficient, and that the verdict is against the weight of the evidence, because proof of his identity rested solely on uncorroborated and inconsistent accomplice testimony from Villanueva and Yahia. "When considering a challenge to the legal sufficiency of the evidence, we view the evidence in the light most favorable to the People and evaluate whether there is any valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury on the basis of the evidence at trial and as a matter of law satisfy the proof and burden requirements for every element of the crime charged" (People v Galusha, 211 A.D.3d 1421, 1422 [3d Dept 2022] [internal quotation marks and citations omitted]; see People v Smith, 206 A.D.3d 1058, 1062 [3d Dept 2022]). "In contrast, when assessing whether a verdict is supported by the weight of the evidence, we must first determine whether, based on all the credible evidence, a different finding would not have been unreasonable, and, if it would have been reasonable for the jury to reach a different conclusion, then we must weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony to determine whether the jury has failed to give the evidence the weight it should be accorded" (People v Harris, 206 A.D.3d 1454, 1455-1456 [3d Dept 2022] [internal quotation marks, brackets and citations omitted], lv denied 39 N.Y.3d 940 [2022]; see People v Shabazz, 211 A.D.3d 1093, 1094 [3d Dept 2022], lv denied ___ N.Y.3d ___ [Mar. 23, 2023]).
As is relevant here, (Penal Law § 140.25 [1] [d]). Additionally, (Penal Law § 140.25 [2]). Separately, (Penal Law § 160.10 [1], [2] [b]).
"[A]s with all convictions, the People must prove the issue of identity beyond a reasonable doubt - that is, that the defendant was the person who committed the charged crimes" (People v Davis, 200 A.D.3d 1200, 1201 [3d Dept 2021] [internal quotation marks and citation omitted]; see People v Shabazz, 211 A.D.3d at 1095). "A defendant may not be convicted of any offense upon the testimony of an accomplice unsupported by corroborative evidence tending to connect the defendant with the commission of such offense" (CPL 60.22 [1]; see People v Ashe, 208 A.D.3d 1500, 1502 [3d Dept 2022], lv denied 39 N.Y.3d 961 [2022]; People v Davis, 200 A.D.3d at 1201).
Villanueva testified during the trial as follows. He lived at a residence on Washington Avenue in the City of Albany with Yahia and another roommate. On the evening of July 10, 2016, he and Yahia were visited at their residence by defendant, Brabham and Stevens, and the group proceeded to play video games and smoke marihuana. Villanueva identified all five members of the group from their mug shots, which were in evidence. At one point, he heard the three visitors talking about stealing marihuana from someone named "BJ." Around 2:00 or 3:00 a.m., he left the residence with defendant, Brabham and Stevens, believing that they were going to get food from a 24-hour store. Brabham, who was driving, pulled over on a side street, and defendant and Stevens exited the vehicle, wearing black clothing and bandanas. The two were gone for 10 to 20 minutes, and then returned wanting to drive away quickly. Brabham complied, and Stevens began throwing cell phones out the window. After arriving back at the Washington Avenue residence, defendant, Brabham and Stevens talked excitedly about the items they had taken. Yahia, who had been asleep, was awakened by the commotion. Yahia and Brabham eventually left the residence to go to the store, and Stevens left at some point as well. Subsequently, police arrived and arrested Villanueva and defendant.
Yahia also testified at trial. Pursuant to his testimony, he and Villanueva had been having money troubles and were considering robbing someone. Yahia was the one who provided BJ's name and address on Clermont Street to the others, because he knew BJ was a drug dealer who had money and, in fact, BJ had recently recruited Yahia to participate in a drug dealing operation. Yahia gave them a BB gun, but then went to bed. He was later awakened by Villanueva slamming his bedroom door open, screaming profane language and pulling out wads of money. When Yahia went into the living room, everyone was excited and pulling out stolen items. He recalled Stevens laughing about one of the victims being unclothed and tying him up with a cord. Everyone received a cut of the money, and Yahia put his share in his bedroom and then left with Brabham in defendant's vehicle. Shortly thereafter, they were pulled over by the police and arrested. In addition to describing the events that took place on the night in question, Yahia also gave testimony regarding the stature of defendant and Stevens, indicating that defendant is approximately six feet, two or three inches tall, and Stevens is approximately six feet, four or five inches tall.
The first victim to testify was a resident of the Clermont Street residence, which he shared with BJ, among others. According to him, he was disturbed from his sleep at approximately 3:30 a.m. when he heard someone in the hallway. After hearing his bedroom door open, he felt someone jump on top of him. He saw just one individual and only in silhouette, but was later told there were two intruders. He was placed lying face down on the floor with a knee or elbow pressed into his back and something pressed against the back of his head, and his hands were bound behind his back with a television cord and tape. He was warned that if he moved or if the items being searched for were not found, he and his roommates would be killed. Ultimately, his cell phone and wallet were taken.
The second victim to testify was BJ's girlfriend. She was asleep with BJ in his bed when she was awakened at approximately 3:30 a.m. to the sounds of loud banging and rummaging, and she opened her eyes to see two intruders - both Black males, one taller and one shorter - holding guns and taking items out of BJ's dresser. The taller man was about six feet, four inches tall, wearing dark pants, a sweatshirt, a dark ski mask over his head and latex gloves. The shorter man was wearing dark clothes and a paisley bandana over his nose and mouth. His hair was visible and was styled in braids or tight curls a few inches in length. The second victim knew Yahia and neither of the men were him. She yelped in surprise, and the taller man said, "oh, the b***h is awake." The two men then jumped on her and BJ, the taller man put a gun to her head, and they began demanding money and drugs - specifically, "pounds" of marihuana. The demands continued while the two men brought her and BJ into the adjacent bedroom and made them sit next to the first victim, who was lying on the floor. One of the men threatened to shoot her if they did not find what they were looking for. Eventually the men left, taking her cell phone with them.
BJ was the third victim to testify. His version of events was largely the same as his girlfriend's....
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