People v. Jones
| Decision Date | 11 May 2016 |
| Docket Number | 2012-02841, Ind. No. 7305/10. |
| Citation | 31 N.Y.S.3d 191,2016 N.Y. Slip Op. 03758,139 A.D.3d 878 |
| Parties | The PEOPLE, etc., respondent, v. Franklin JONES, appellant. |
| Court | New York Supreme Court — Appellate Division |
139 A.D.3d 878
31 N.Y.S.3d 191
2016 N.Y. Slip Op. 03758
The PEOPLE, etc., respondent,
v.
Franklin JONES, appellant.
2012-02841, Ind. No. 7305/10.
Supreme Court, Appellate Division, Second Department, New York.
May 11, 2016.
Lynn W.L. Fahey, New York, N.Y. (Samuel Brown of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, Victor Barall, and Kristen A. Carroll of counsel), for respondent.
L. PRISCILLA HALL, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, and BETSY BARROS, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Balter, J.), rendered March 13, 2012, convicting him of assault in the second degree and menacing in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the law and the facts, count four of the indictment charging menacing in the
third degree is dismissed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on count one of the indictment charging assault in the second degree.
The defendant was convicted of assault in the second degree and menacing in the third degree. On appeal, the defendant contends, among other things, that his conviction of menacing in the third degree was against the weight of the evidence.
“Upon [a] defendant's request, the Appellate Division must conduct a weight of the evidence review” and, thus, “a defendant will be given one appellate review of adverse factual findings” (People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 ). “If a finding in favor of the defendant would not have been unreasonable, then this Court ‘must weigh conflicting testimony, review any rational inferences that may be drawn from the evidence and evaluate the strength of such conclusions' ” (People v. Curry, 112 A.D.3d 843, 844, 976 N.Y.S.2d 571, quoting People v. Danielson, 9 N.Y.3d at 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 ). “Once this Court conducts such an analysis, it must then decide whether the verdict finding the defendant guilty beyond a reasonable doubt was warranted” (People v. Curry, 112 A.D.3d at 844, 976 N.Y.S.2d 571 ). This Court essentially “sits as a thirteenth juror and decides which facts were proven at trial” (People v. Danielson, 9 N.Y.3d at 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 ). If the factfinder failed to give the evidence the weight it should be accorded, then this Court will set aside the verdict and dismiss the accusatory instrument or any reversed count (see CPL 470.20[5] ; People v. Romero, 7 N.Y.3d 633, 643–644, 826 N.Y.S.2d 163, 859 N.E.2d 902 ; People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053 ).
Here, upon the exercise of our factual review power (see CPL 470.15 ), we determine that an acquittal of the charge of menacing in the third degree would not have been unreasonable based upon the evidence presented. Furthermore, we determine
that the evidence presented at trial did not establish, beyond a reasonable doubt, that the...
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...for a peremptory challenge and the facts of a case does not automatically establish that the reason is pretextual. People v. Jones , 139 A.D.3d 878, 879, 31 N.Y.S.3d 191, 193 (2d Dept. 2016). Where prosecution exercised peremptory challenge against a prospective black juror, the court held ......
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Jury selection
...other jurors had answered the subject hypothetical questions in the same way that the challenged jurors had answered. People v. Jones , 139 A.D.3d 878, 879, 31 N.Y.S.3d 191, 193 (2d Dept. 2016). Where prosecution exercised preemptory challenge against a prospective black juror, the court he......
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Jury selection
...other jurors had answered the subject hypothetical questions in the same way that the challenged jurors had answered. People v. Jones , 139 A.D.3d 878, 879, 31 N.Y.S.3d 191, 193 (2d Dept. 2016). Where prosecution exercised peremptory challenge against a prospective black juror, the court he......
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Jury selection
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