People v. Lanier

• Citation: 15 N.Y.S.3d 241,130 A.D.3d 1310,2015 N.Y. Slip Op. 06268
• Decision Date: 23 July 2015
• Docket Number: 105930
• Parties: The PEOPLE of the State of New York, Respondent, v. Shateek LANIER, Appellant.
• Court: New York Supreme Court Appellate Division

130 A.D.3d 1310
15 N.Y.S.3d 241
2015 N.Y. Slip Op. 06268

The PEOPLE of the State of New York, Respondent
v.
Shateek LANIER, Appellant.

105930

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

July 23, 2015.

15 N.Y.S.3d 242

Theresa M. Suozzi, Saratoga Springs, for appellant.

Joel E. Abelove, District Attorney, Troy (Vincent J. O'Neill of counsel), for respondent.

Before: McCARTHY, J.P., EGAN JR., LYNCH and DEVINE, JJ.

Opinion

McCARTHY, J.P.

130 A.D.3d 1310

Appeal from a judgment of the County Court of Rensselaer County (Ceresia, J.), rendered April 4, 2013, upon a verdict convicting defendant of the crimes of attempted murder in the second degree, attempted assault in the first degree, criminal use of a firearm in the first degree and criminal possession of a weapon in the second degree (two counts).

Defendant was indicted for the crimes of attempted murder in the second degree, assault in the first degree, criminal use of a firearm in the first degree and criminal possession of a weapon in the second degree (two counts) in connection with a shooting that occurred in the City of Troy, Rensselaer County in May 2012. Prior to trial, the People moved to amend count 2 of the indictment to charge defendant with attempted assault in the first degree instead of assault in the first degree, which motion County Court granted. Following a jury trial, defendant was convicted as charged and subsequently sentenced to an aggregate prison term of 20 years, with

15 N.Y.S.3d 243

five years of postrelease supervision. Defendant now appeals.

Defendant's convictions for attempted murder in the second degree and attempted assault in the first degree were neither

130 A.D.3d 1311

based on insufficient evidence nor against the weight of the evidence. In order for defendant to be found guilty of attempted murder in the first degree, the People were required to prove that, “[w]ith intent to cause the death of another person,” defendant attempted to cause the death of such person (Penal Law §§ 110.00, 125.25[1] ). As to the charge of attempted assault in the first degree, the People were required to prove that, “[w]ith intent to cause serious physical injury to another person,” defendant attempted to cause “such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument” (Penal Law §§ 110.00, 120.10[1] ).

As is relevant to these inquiries, two eyewitnesses testified that they observed the shooting and further identified defendant as the person who fired a handgun at the victim. Various evidence established that a total of eight shots were fired at the victim, three of which struck him. This evidence was legally sufficient for defendant's convictions of attempted murder in the first degree and attempted assault in the first degree (see People v. Andrews, 127 A.D.3d 1417, 1420, 7 N.Y.S.3d 647 [2015], lv. denied 25 N.Y.3d 1159, 15 N.Y.S.3d 291, 36 N.E.3d 94 [June 19, 2015] ; People v. Stewart, 68 A.D.3d 1438, 1439, 892 N.Y.S.2d 570 [2009], lv. denied 14 N.Y.3d 773, 898 N.Y.S.2d 105, 925 N.E.2d 110 [2010] ). Although defendant argues that the testimony of the eyewitnesses who identified him as the shooter should be discredited for various reasons—including lighting conditions, the witnesses' alleged motivations to fabricate the identification and certain discrepancies between their testimony and their prior statements—the jury was able to consider each of these issues now raised and chose to credit the identification of defendant as the shooter. Given the jury's unique opportunity to “view the witnesses, hear the testimony and observe demeanor” (People v. Romero, 7 N.Y.3d 633, 644, 826 N.Y.S.2d 163, 859 N.E.2d 902 [2006] [internal quotation marks and citation omitted] ), we defer to their credibility determination and conclude that defendant's convictions were not against the weight of the evidence (see People v. Stewart, 68 A.D.3d at 1439, 892 N.Y.S.2d 570 ).

County Court did not err in denying defendant's motion to dismiss the indictment due to the People's alleged failure to provide defendant with adequate notice of grand jury proceedings. The People are required to notify a defendant of a pending grand jury proceeding when, as is the case here, a defendant has been arraigned on a “currently undisposed felony complaint” (CPL 190.50[5][a] ). Such notice must afford “the defendant a reasonable time to exercise his [or her] right to appear as a witness” (CPL 190.50[5] [a] ; see People v. Smith, 87 N.Y.2d 715, 720, 642 N.Y.S.2d 568, 665 N.E.2d 138 [1996] ).

The uncontested facts establish that the Rensselaer County

130 A.D.3d 1312

Public Defender's office initially represented defendant, and the People notified that office on June 4, 2012 that grand jury presentment would begin the following day. Shortly thereafter, the Public Defender's office requested that new counsel be assigned to defendant due to a conflict of interest, and notice of such fact was provided to the People. This transition in representation apparently led to a delay in the aforementioned information being provided to defendant, and defendant was informed on June 5, 2012, by his new counsel, that grand jury presentment was currently ongoing. At

15 N.Y.S.3d 244

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