People v. McCray
| Decision Date | 14 June 2012 |
| Citation | 2012 N.Y. Slip Op. 04790,946 N.Y.S.2d 303,96 A.D.3d 1160 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Donald L. McCRAY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
96 A.D.3d 1160
946 N.Y.S.2d 303
2012 N.Y. Slip Op. 04790
The PEOPLE of the State of New York, Respondent,
v.
Donald L. McCRAY, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
June 14, 2012.
[946 N.Y.S.2d 304]
Alexander Lesyk, Norwood, for appellant, and appellant pro se.
Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
Before: LAHTINEN, J.P., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ.
MALONE JR., J.
[96 A.D.3d 1160]Appeal from a judgment of the County Court of Franklin County (Main Jr., J.),
[946 N.Y.S.2d 305]
rendered June 7, 2010, upon a verdict convicting defendant of the crimes of assault on a police officer and criminal use of a firearm in the second degree.
In August 2008, defendant alerted the Sunmount Developmental Disabilities Office and Franklin County Emergency Services entities that he was armed and intended to commit suicide. Defendant was eventually located by members of various police agencies, including State Troopers and officers from the Department of Environmental Conservation, in a canoe on the Raquette River. After several hours of a stand-off, during which defendant maintained aim at himself with a loaded shotgun, a State Trooper seized an opportunity to grab the gun and, along with a Department of Environmental Conservation officer, struggled to take it away from defendant. As the three struggled, the gun discharged, causing massive injuries to the Trooper's hand. As a result of this incident, defendant was charged by indictment with assault on a police officer and criminal use of a firearm in the second degree. Following a trial, defendant was convicted as charged and subsequently sentenced to an aggregate prison term of 15 years, with five years of postrelease supervision. Defendant appeals.
Initially, defendant contends that, although the People proved at trial that by attempting to take the gun away from him the Trooper was engaged in a lawful duty pursuant to Mental Hygiene Law § 9.41,1 defendant intentionally attempted to prevent the Trooper from performing that duty and the Trooper [96 A.D.3d 1161]was seriously injured as a result ( seePenal Law § 120.08), he was nevertheless improperly convicted of assault on a police officer because applying that strict liability statute to arrests made pursuant to Mental Hygiene Law § 9.41 impermissibly criminalizes a defendant's mental illness. We disagree. Although Penal Law § 120.08 imposes strict liability with...
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People v. McCray
...outside the record, and, therefore, are more properly reviewed on a motion pursuant to CPL article 440 ( see People v. McCray, 96 A.D.3d 1160, 1161, 946 N.Y.S.2d 303 [2012],lv. denied19 N.Y.3d 1104, 955 N.Y.S.2d 559, 979 N.E.2d 820 [2012] ). Counsel zealously advocated for defendant, made a......
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People v. Brock
...outside the record and, as such, is more properly considered in the context of a CPL article 440 motion ( see People v. McCray, 96 A.D.3d 1160, 1161, 946 N.Y.S.2d 303 [2012],lv. denied19 N.Y.3d 1104, 955 N.Y.S.2d 559, 979 N.E.2d 820 [2012] ). As to the balance of defendant's claim, the case......
- People v. Ackerman
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People v. Guyette
...outside the record and, as such, is more properly considered in the context of a CPL article 440 motion ( cf. People v. McCray, 96 A.D.3d 1160, 1161, 946 N.Y.S.2d 303 [2012], lv. denied 19 N.Y.3d 1104, 955 N.Y.S.2d 559, 979 N.E.2d 820 [2012]; People v. Watson, 61 A.D.3d 1217, 1218, 876 N.Y.......