State v. DEJESUS
17 A.3d 107
Conn. App. Ct.2011Background
- State charged DeJesus with two counts each of conspiracy to commit larceny in the first degree and larceny in the first degree.
- Police investigated an auto-theft scheme involving retagged vehicles imported from New York to Connecticut.
- Undercover officer Rodriguez arranged to buy two stolen vehicles; intermediaries included Gonzales, Contreras, Barrone and the defendant.
- Defendant arrived at the scene with stolen Escalade and Murano; plates and forged documents were found in the BMW.
- Evidence included a XC40 dealer plate linked to New Country Motors, where defendant had previously worked; officer testimony tied plate to defendant’s access.
- Jury found DeJesus guilty on all counts; court sentenced him to an aggregate term with portions suspended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of XC40 dealer plate evidence | XC40 plate is relevant to intent and conspiracy | Evidence is irrelevant and prejudicial | Evidence admissible; probative value outweighs prejudice |
| Coconspirator opinion about ultimate issue | Gonzales testimony helps prove conspiracy | Improper lay opinion on guilt | Not an impermissible ultimate-issue opinion; admissible lay testimony |
| Pinkerton vicarious liability instruction | Pinkerton liability supported by evidence of participation | Application of Pinkerton is inappropriate here | Instruction proper; not a due process violation |
Key Cases Cited
- State v. Davis, 298 Conn. 1 (2010) (evidentiary rulings reviewed for abuse of discretion)
- State v. Kenney, 53 Conn.App. 305 (1999) (intent inferred from conduct in conspiracy)
- State v. Gentile, 75 Conn.App. 839 (2003) (conspiracy elements; circumstantial proof of intent)
- State v. Diaz, 237 Conn. 518 (1996) (Pinkerton vicarious liability adopted by CT Supreme Court)
- State v. Walton, 227 Conn. 32 (1993) (adopted Pinkerton vicarious liability in CT)
- Pinkerton v. United States, 328 U.S. 640 (1946) (conspirator liability for crimes within scope and in furtherance of conspiracy)
- V. Diaz, State v. Diaz (1996) (Pinkerton liability framework in CT)