People v. Williams

• Decision Date: 16 March 2018
• Docket Number: KA 15–01222,246
• Citation: 73 N.Y.S.3d 318,159 A.D.3d 1403
• Parties: The PEOPLE of the State of New York, Respondent, v. Timothy WILLIAMS, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

159 A.D.3d 1403
73 N.Y.S.3d 318

The PEOPLE of the State of New York, Respondent,
v.
Timothy WILLIAMS, Defendant–Appellant.

246
KA 15–01222

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

Entered: March 16, 2018

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SARA A. GOLDFARB OF COUNSEL), FOR DEFENDANT–APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (NICOLE K. INTSCHERT OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CENTRA, PERADOTTO, DEJOSEPH, AND CURRAN, JJ.

MEMORANDUM AND ORDER

Memorandum:

Defendant appeals from a judgment convicting him upon a jury verdict of attempted murder in the second degree ( Penal Law §§ 110.00, 125.25[1] ), attempted assault in the first degree ( §§ 110.00, 120.10 [1] ), assault in the second degree (§ 120.05[2] ), and strangulation in the second degree (§ 121.12). Defendant's conviction stems from his brutal assault of his paramour. After defendant found out that the victim had cheated on him, the victim left the residence but returned the next day after defendant had removed his belongings. Defendant sent the victim numerous text messages stating that he would "stab" and "kill" her. The following morning, defendant came to the residence and began to beat the victim. The victim testified that defendant punched her in the head, and the last thing she remembered before waking up in the hospital was defendant squeezing his hands around her

73 N.Y.S.3d 319

neck while saying that he was going to kill her. A neighbor called the police during the incident and, when the police entered the residence, they heard sounds of someone being struck and a male voice saying "I'm going to ... kill you." In the bathroom, the officers found defendant on top of the motionless victim, punching her while saying "die, bitch." After defendant was secured by the police, he laughed and said, "I'm a nice guy, I didn't cut her throat, yet." The police recovered a bloody serrated knife in the bathtub. The victim sustained, inter alia, cuts to her face and hand and bruising around her neck and shoulders. Medical professionals testified that the cuts were caused by a sharp instrument.

Defendant contends that the verdict is against the weight of the evidence because he did not have the intent to kill the victim, he did not possess the knife, and the victim did not lose consciousness. We reject that contention. Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson,...