People v. Malizia
| Decision Date | 10 May 1984 |
| Citation | 476 N.Y.S.2d 825,62 N.Y.2d 755,465 N.E.2d 364 |
| Parties | , 465 N.E.2d 364 The PEOPLE of the State of New York, Respondent, v. Richard MALIZIA, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed (see 92 A.D.2d 154, 460 N.Y.S.2d 23).
On this appeal, defendant contends the evidence of guilt is insufficient, particularly because of the lack of credibility of Harry Terrell, the People's principal witness, and that the trial court committed reversible error in several evidentiary rulings.
After an earlier trial had resulted in a hung jury, defendant was convicted in a second trial of felony murder (robbery) and common-law murder resulting in the death of William Terrell and of the attempted murder and assault, first degree, of Harry Terrell, the decedent's brother. The facts are set forth in detail in the opinion of the Appellate Division and need not be repeated here. Briefly, however, the crime occurred in New York City on the evening of December 18, 1978 after the decedent and his brother drove to a street which was deserted at that late hour, where decedent met with defendant and others waiting there in a parked car. Harry Terrell waited down the street in the Terrell vehicle. The purpose of the meeting was to buy drugs and to deliver money to defendant to pay him for past drug purchases. The jury found that defendant shot decedent and then attempted to kill Harry Terrell, sitting in the parked Terrell car, as defendant and his associate sped away from the scene. Decedent's body was found later several miles from the scene of the meeting.
We agree with the Appellate Division that the verdicts are supported by the evidence. In reviewing the evidence we are obliged to do so in the light most favorable to the People (People v. Kennedy, 47 N.Y.2d 196, 417 N.Y.S.2d 452, 391 N.E.2d 288) bearing in mind that credibility is a matter to be determined by the trier of the facts (People v. Parks, 41 N.Y.2d 36, 47, 390 N.Y.S.2d 848, 359 N.E.2d 358). Since the record contains evidence sufficient in quantity and quality to support the verdicts, our review function is exhausted (see People v. Gruttola, 43 N.Y.2d 116, 122, 400 N.Y.S.2d 788, 371 N.E.2d 506; People v. Joyiens, 39 N.Y.2d 197, 203, 383 N.Y.S.2d 259, 347 N.E.2d 621).
Nor do we find grounds for reversal on the court's evidentiary rulings. Defendant claims that the court erred in permitting evidence that Harry Terrell had cared for the victim's son after the homicide and in limiting defense counsel's cross-examination of Terrell about favorable treatment he expected from the authorities on pending criminal charges in exchange for his testimony in this action. Even if defendant's contention be accepted, reversal is not required for there was no reasonable possibility that these rulings contributed to defendant's conviction and thus they were harmless beyond a reasonable doubt (see People v. Crimmins, 36 N.Y.2d 230, 237, 367...
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