People v. Mason
2018 NY Slip Op 64
| N.Y. App. Div. | 2018Background
- Defendant Johnny Mason was convicted after jury trial of multiple counts: 18 counts of criminal possession of stolen property (4th degree) and 17 counts of grand larceny (4th degree); sentence aggregated to 16–32 years as a second felony offender (deemed 10–20 years by operation of law).
- Midtrial defense counsel sought a CPL 730 competency examination based on a phone call from a friend reporting bizarre statements by Mason; the request was denied.
- Defendant moved (post-arraignment) to suppress evidence from an alleged warrantless arrest at a men's shelter under Payton v New York; the motion court found the suppression motion untimely and denied it.
- The trial court dismissed one possession count for insufficient grand jury evidence but granted the People leave to re-present that count; the People re-presented it and proceeded lawfully.
- One of eight victims (a cardholder) did not testify; the People relied on circumstantial evidence linking Mason to theft/use of that victim’s cards.
- Defendant challenged counsel’s effectiveness for failing to timely move to suppress and sought various dismissals and sentence reduction; the Appellate Division affirmed conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a midtrial request for a CPL 730 competency exam should be granted | People: Competency not at issue; defendant understood proceedings | Mason: Phone call reported delusions showing incompetence | Denied — no contemporaneous signs of incompetence; evidence showed understanding and possible manipulation of call |
| Timeliness of Payton suppression motion | People: Motion untimely under CPL time limits | Mason: Arrest at shelter was warrantless; suppression warranted despite delay | Denied as untimely — 45‑day period elapsed; no good cause for delay |
| Merits of Payton suppression (warrantless entry into shelter) | People: Shelter employees permitted police entry; entry lawful | Mason: Arrest and entry violated Payton protections | On merits, evidence shows lawful private consent to entry; suppression would have failed in any event |
| Ineffective assistance for failing to move to suppress | People: Counsel reasonably declined given law and unlikely success | Mason: Predecessor counsel ineffective for not filing timely suppression | Rejected — counsel’s decision objectively reasonable; no prejudice shown |
| Re‑presentation of a dismissed count | People: Court granted leave to re‑present and did so lawfully | Mason: Court authorized re‑presentation of a different charge (alleged error) | Rejected — People lawfully re‑presented the dismissed count as permitted |
| Sufficiency of evidence re: nontestifying victim | People: Circumstantial evidence sufficient to prove elements and jurisdiction | Mason: Lack of direct testimony requires dismissal | Rejected — verdict legally sufficient and not against weight; jurisdictional rules satisfied |
Key Cases Cited
- Pate v. Robinson, 383 U.S. 375 (competency inquiry standard)
- Payton v. New York, 445 U.S. 573 (limits on warrantless home/arrest entries)
- Strickland v. Washington, 466 U.S. 668 (two‑prong ineffective assistance standard)
- People v. Tortorici, 92 N.Y.2d 757 (competency principles under state law)
- People v. Morgan, 87 N.Y.2d 878 (competency inquiry precedents)
- People v. Russell, 74 N.Y.2d 901 (competency assessment on appeal)
- People v. Benevento, 91 N.Y.2d 708 (standard for ineffective assistance in NY)
- People v. Nalbandian, 188 A.D.2d 328 (private‑property/consent entry principles)
- People v. Porter, 119 A.D.3d 438 (circumstantial evidence sufficiency in larceny cases)
- People v. Meador, 279 A.D.2d 327 (circumstantial evidence and sufficiency review)