167 A.D.3d 1060
N.Y. App. Div.2018Background
- In July 2010 defendant stabbed his long-term girlfriend eight times while she lay half-asleep, using two kitchen knives; victim suffered a cut to the external jugular and multiple chest/shoulder wounds.
- Defendant was indicted for attempted murder (2d), assault 1st and 2d; convicted at trial and sentenced to 25 years plus 5 years postrelease supervision; this Court reversed on juror-bias error and ordered retrial.
- At retrial defendant was again convicted of attempted murder in the second degree and resentenced to 25 years plus 5 years PRS.
- Key evidence: victim testimony, defendant’s recorded 911 call, defendant’s written statement to police (admitted after a prior Huntley hearing), and photographs of the crime scene and knives.
- Defendant argued lack of intent to kill, that some photographs were unduly prejudicial, ineffective assistance of counsel, judicial bias, and excessive sentence.
Issues
| Issue | People’s Argument | Greenfield’s Argument | Held |
|---|---|---|---|
| Sufficiency and weight of the evidence for attempted murder (intent to kill) | Evidence (victim testimony, 911 call, written statement, wound location and nature) permits inference of intent and conduct tending to effect death | Defendant lacked intent to kill; had opportunity to kill but didn’t; called 911 for help | Conviction upheld: evidence legally sufficient and verdict not against the weight of the evidence |
| Admission of graphic photographs (exhibits 5–7, 9–12) | Photographs were relevant to intent, injury severity, and scene layout; jury instructed to avoid emotional bias | Photographs were unduly prejudicial and cumulative | Admission of challenged photographs (except 10–12 claim preserved issue waived) not an abuse of discretion |
| Ineffective assistance of counsel | — | Counsel failed to investigate mental health/psychiatric defense and should have objected to voluntariness of written statement | Claim denied on direct appeal; record insufficient for full review of investigative choices (recommended for CPL 440 motion); voluntariness objection unlikely to succeed given prior Huntley ruling |
| Judicial bias and sentence severity | — | Court displayed bias by saying defense counsel was “wrong”; sentence (25 years) harsh/excessive | Bias claim not preserved; record does not show bias; sentence not excessive given crime and defendant’s criminal history |
Key Cases Cited
- People v Bleakley, 69 N.Y.2d 490 (1987) (standards for legal sufficiency and weight of the evidence)
- People v Aleynikov, 31 N.Y.3d 383 (2018) (legal sufficiency review principles)
- People v Fernandez, 88 N.Y.2d 777 (1996) (elements of attempted murder/intent requirement)
- People v Evans, 94 N.Y.2d 499 (2000) (Huntley hearing and voluntariness of statements)
- People v Oliveras, 21 N.Y.3d 339 (2013) (ineffective assistance and postconviction remedies)
- People v Wood, 79 N.Y.2d 958 (1992) (limits on admitting inflammatory evidence meant to arouse jury emotions)