Majority
Appeal from a judgment of the County Court of Schenectady County (Hoye, J), rendered January 18, 2013, upon a verdict convicting defendant of the crime of manslaughter in the first degree.
Defendant and the victim became embroiled in an argument, during which defendant fatally stabbed the victim. Defendant was charged by indictment with manslaughter in the first degree and, following a jury trial, was convicted as charged. County Court sentenced defendant to a prison term of 20 years followed by five years of postrelease supervision. Defendant now appeals.
Addressing first defendant’s argument that the conviction was against the weight of the evidence, such analysis requires us to view the trial evidence in a neutral light and accord “appropriate deference to the jury’s ability to view the witnesses and determine credibility” (People v Mateo, 101 AD3d 1458 , 1459-1460 [2012], lv denied 21 NY3d 913 [2013]; see People v Bleakley, 69 NY2d 490 , 495 [1987]; People v Powell, 101 AD3d 1369 , 1370 [2012], lv denied 21 NY3d 1019 [2013]). The victim and defendant were neighbors residing in the same apartment building. On the night at issue, the victim became enraged by the loud music coming from a party taking place in defendant’s apartment. She banged on defendant’s apartment door and allegedly told defendant that she wanted to engage in a fight outside. At one point, people inside defendant’s apartment could also hear the victim on her cell phone, threatening to fight defendant. One witness averred that defendant, upon hearing a knock at her door, grabbed a knife from her bedroom and rushed to the door of her apartment, where she and the unarmed victim engaged in a struggle. At one point during the altercation, defendant lunged toward the victim and stabbed her in the abdo
Defendant testified that the victim had previously engaged in threatening conduct toward her and that, on the night of the incident, she heard the victim state on her cell phone that she was going to kill defendant. Defendant further averred that, although she pulled out her knife in order to compel the victim to leave her apartment, when the victim refused to leave and engaged in a physical fight, defendant stabbed the victim. Overall, given its opportunity to observe the witnesses, the jury could reasonably infer that, in grabbing a knife before engaging in a fight with the victim, defendant intended to seriously injure the victim (see Penal Law § 125.20 [1]; People v Perry, 95 AD3d 1444 , 1445 [2012], lv denied 19 NY3d 1000 [2012]). Moreover, despite defendant’s testimony that her actions were justifiable in light of the victim’s assaultive conduct inside defendant’s home and in the presence of her children, we defer to the jury’s “superior opportunity to assess credibility” and its ultimate rejection of defendant’s justification defense (People v Spencer, 89 AD3d 1156 , 1157 [2011]; see People v Vanderhorst, 117 AD3d 1197 , 1199-1200 [2014]; People v Brooks, 32 AD3d 616 , 616-617 [2006], lv denied 8 NY3d 844 [2007]). Thus, we do not find the conviction to be contrary to the weight of the evidence.
We do, however, find merit in defendant’s assertion that County Court’s erroneous Sandoval ruling requires a reversal. The People sought the court’s permission to cross-examine defendant about a previous guilty plea to a charge of harassment in the second degree based upon defendant’s physical altercation with another woman, maintaining that such questioning would be useful to, among other things, impeach defendant’s credibility. Despite defendant’s objection that such line of questioning would have no probative value, the court allowed the proposed cross-examination, stating that such evidence of defendant’s previous assault was “relevant” to “show that [defendant] can be physically aggressive” and, additionally, that such proof would speak to defendant’s anticipated testimony that she had acted in self-defense. The court went on to indicate that the admission of such evidence would not unduly prejudice defendant inasmuch as the prior incident did not involve a weapon or result in serious physical injury.
Based upon County Court’s authorization, the People cross-examined defendant at trial about the previous altercation, sug
Finally, although there is some evidence suggesting that defendant’s requested justification charge may have been warranted, in light of the instant disposition, we need not decide the issue. Nor do we find it necessary to consider defendant’s challenge to the sentence imposed by County Court.
Lahtinen, J.P, Garry and Rose, JJ., concur.
Ordered that the judgment is reversed, on the law, and matter remitted to the County Court of Schenectady County for a new trial.
Cases cited
- People v. Mateo 101 AD3d 1458 at 1459-1460 p. 927
- People v. Bleakley 69 NY2d 490 at 495 p. 927
- People v. Powell 101 AD3d 1369 at 1370 p. 927
- People v. Perry 95 AD3d 1444 at 1445 p. 928
- People v. Spencer 89 AD3d 1156 at 1157 p. 928
- People v. Vanderhorst 117 AD3d 1197 at 1199-1200 p. 928
- People v. Brooks 32 AD3d 616 at 616-617 p. 928
- People v. Hayes 97 NY2d 203 at 207-208 p. 929
- People v. Mitchell 57 AD3d 1308 at 1311 p. 929
- People v. Elmy 117 AD3d 1183 at 1187 p. 929
- People v. Brown 114 AD3d 1017 at 1020 p. 929