106 A.D.3d 1490
N.Y. App. Div.2013Background
- Defendant was convicted by nonjury verdict in Erie County Supreme Court of criminal contempt in the second degree (Appeal Nos. 1 and 2).
- In Appeal No. 3, defendant was convicted of assault in the third degree and harassment in the second degree (nonjury trial).
- The court granted a judgment of conviction and this Court unanimously reversed the judgment on the law and granted a new trial.
- Defendant challenged the sufficiency of the evidence, ineffective assistance claims, and pretrial disclosures in all three appeals.
- The Court held that the newly discovered evidence warranted setting aside the contempt verdicts and granting a new trial on those counts, but did not disturb the assault and harassment convictions.
- The court deemed the harassment not a lesser included offense of assault and addressed related evidentiary issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CPL 330.30 relief was proper for newly discovered evidence | Defendant argues newly discovered evidence warrants new trial | State bar insufficient; support with stability of trial record | New trial granted on contempt counts; material, non-cumulative evidence found |
| Whether evidence was legally sufficient to sustain contempt convictions | People contend sufficient evidence supports contempt | Contends insufficiency given new records | insufficiency not preserved but upheld for other counts; new trial granted for contempt |
| Whether the medical records and photographs were admissible and preserved ineffective assistance claims | Photographs and records properly admitted; no ineffective assistance | Counsel ineffective for evidentiary objections | No merit; proper admission and no ineffective assistance shown |
| Brady/CPL 240 disclosure viability | Disclosures complied; no prejudice | Late disclosure prejudicial | No Brady/CPL 240 violation established |
| Whether harassment is a lesser included offense of assault | Harassment could be lesser included | Harassment is not a lesser included offense of assault | Harassment not a lesser included offense; assault affirmed |
Key Cases Cited
- People v Danielson, 9 N.Y.3d 342 (2007) (standard for sufficiency review in nonjury trials)
- People v Morrison, 48 A.D.3d 1044 (2008) (burden to explain failure to object to testimony evidenced by case law)
- People v Benevento, 91 N.Y.2d 708 (1998) (prejudice and reasonableness in trial strategy)
- People v Howard, 101 A.D.3d 1749 (2012) (nonjury trial evidentiary rulings considerations)
- People v Kolon, 37 A.D.3d 340 (2007) (nonjury trial dynamics and evidentiary challenges)
- People v Stephens, 254 A.D.2d 105 (1998) (defense strategy and appellate review in nonjury trials)
- People v Hayes, 17 N.Y.3d 46 (2011) (prosecution discovery duties and privacy issues)
- People v Barreras, 92 A.D.2d 871 (1983) (CPL 330.30 newly discovered evidence standards)
- People v Ramos, 166 Misc. 2d 515 (1995) (CPL 330.30 burden of showing material new evidence)
- People v White, 272 A.D.2d 872 (2000) (impeachment vs. substantive evidence in new trial context)
- Dogan, 170 A.D.2d 955 (1991) (photographs corroborating medical records admissible)
- Pobliner, 32 N.Y.2d 356 (1973) (corroboration of medical evidence)
- Brakefield, 156 A.D.2d 1004 (1989) (photographic evidence admissibility)
- Wainwright, 285 A.D.2d 358 (2001) (CPL 330.30 standards for newly discovered evidence)