People v. ParbhudialPeople v. Parbhudial
Third Department, January, 2016
(January 7, 2016)
The People of the State of New York, Respondent, v Adrian Parbhudial, Appellant. [22 NYS3d 648]
Lahtinen, J.P. Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered May 2, 2011, upon a verdict convicting defendant of the crimes of attempted aggravated murder, criminal possession of a weapon in the third degree, reckless endangerment in the first degree, hindering prosecution in the first degree, perjury in the third degree and making an apparently sworn false statement in the second degree.
On February 20, 2010, several of defendant’s family members participated in the murder of Ganesh Ramgoolam near the house where defendant and the family members resided in the City of Schenectady, Schenectady County. Defendant allegedly had knowledge of his family members’ participation in the murder. The next day, at about 7:00 p.m., a Special Operation
In May 2010, defendant was charged in a six-count indictment with attempted murder in the first degree, reckless endangerment in the first degree, criminal possession of a weapon in the third degree, hindering prosecution in the first degree, perjury in the third degree and making an apparently sworn false statement in the second degree. Thereafter, a supplemental four-count indictment in June 2010 charged defendant with attempted aggravated murder, attempted aggravated assault upon a police officer, attempted assault in the first degree and criminal possession of a weapon in the third degree.1 The indictments were consolidated upon consent pursuant to
Defendant first argues that County Court abused its discretion in denying his motion to sever the charges of hindering prosecution in the first degree, perjury in the third degree and making an apparently sworn false statement in the second degree, particularly since these charges resulted in extensive proof of the Ramgoolam murder being admitted. We initially note that all the charges had been consolidated upon consent, and, moreover, that defendant’s motion to sever was untimely in that he did not make it until nearly seven months after his arraignment and he failed to demonstrate good cause for the delay (see
Proof of the Ramgoolam murder by defendant’s family members was a necessary element of the hindering prosecution in the first degree charge (see
The convictions were supported by legally sufficient evidence and were not against the weight of the evidence. When considering legal sufficiency, we view the evidence in the light most favorable to the People and determine whether “there is a valid line of reasoning and permissible inferences from which a rational jury could have found the elements of the crime proved beyond a reasonable doubt” (People v Reed, 22 NY3d 530, 534 [2014] [internal quotation marks and citations omitted]). In a weight of the evidence review, where “a different finding would
The extensive trial evidence included proof that defendant was aware of the participants in and circumstances of the Ramgoolam murder when or immediately after it occurred. He had also been involved in an ongoing dispute which led up to that murder. On the night of the murder, police questioned defendant and other family members at defendant’s residence, which was near the murder location. The following day, family members, including defendant, watched the street from the residence in an apparent look-out fashion. When police arrived to execute the warrant, the police observed one such look-out who immediately spotted them. Knowing that they had been seen, police began loudly announcing their presence, which witnesses from the area confirmed clearly hearing. They were wearing gear marked “Police” in large letters, front and back. Upon entering and repeatedly yelling “police,” they moved to a small hallway where, between 5 to 15 seconds after entering, defendant shot at them from a stairwell located less than 10 feet away. One officer ostensibly took the brunt of the shot in his protective body armor and another officer was also struck by birdshot. Defendant reloaded the gun, but surrendered before attempting to shoot again. After defendant’s arrest, he gave multiple conflicting statements about his role. He also gave police false information about various aspects of the Ramgoolam murder.
Viewed most favorably to the People, there was legally sufficient proof that defendant knew that the individuals entering his residence were police engaged in official duties and he fired a shotgun from close range at them intending to cause the death of at least one officer. Since the shot discharged over 400 pellets and other officers were in close proximity, there is legally sufficient evidence that, while defendant intended to kill one officer, he also recklessly created a grave risk of death
Lastly, defendant urges that his sentence—particularly the maximum of 40 years to life for attempted aggravated murder—was harsh and excessive. “[A]lthough we have the authority to modify a sentence that is unduly harsh or severe under the circumstances, we reduce sentences only in extraordinary circumstances or where the trial court abused its discretion” (People v Rollins, 51 AD3d 1279, 1282 [2008], lv denied 11 NY3d 930 [2009] [internal quotation marks and citations omitted]; see People v Chancey, 127 AD3d 1409, 1413 [2015], lv denied 25 NY3d 1199 [2015]). In light of the serious nature of defendant’s crimes in which several police officers were exposed to a risk of death or serious injury, we are unpersuaded to reduce the sentence (see People v Blackman, 90 AD3d 1304, 1311 [2011], lv denied 19 NY3d 971 [2012]; People v Levy, 52 AD3d 1025, 1028-1029 [2008]; People v Rollins, 51 AD3d at 1282-1283).
Garry, Rose, Lynch and Devine, JJ., concur. Ordered that the judgment is affirmed.