People v. Bronson

32 Misc. 3d 201
CourtCriminal Court of the City of New York
DecidedApril 29, 2011
StatusPublished
Cited by1 cases

This text of 32 Misc. 3d 201 (People v. Bronson) is published on Counsel Stack Legal Research, covering Criminal Court of the City of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Bronson, 32 Misc. 3d 201 (N.Y. Super. Ct. 2011).

Opinion

OPINION OF THE COURT

Joseph A. Zayas, J.

The defendant moves pursuant to Criminal Procedure Law § 440.10 (1) (g) and (h) to vacate the judgment, rendered March 3, 2003, convicting defendant of attempted sexual abuse in the second degree and attempted endangering the welfare of a child. Defendant was convicted of attempting to sexually abuse her then 11-year-old son, A.R.,1 in her Queens apartment sometime between September 1 and November 30, 1998. In her motion, defendant argues that vacatur is warranted, not because of judicial error or prosecutorial misconduct, but based upon newly discovered evidence — A.R.’s complete recantation of his trial testimony, as reflected in his sworn affidavit, as well as the sworn affidavit of defendant’s younger son, M.R.

On September 15, 2010, the court granted defendant’s motion only to the extent of ordering a hearing (see CPL 440.30 [5]). At the recantation hearing, A.R. and M.R. testified on behalf of their mother, defendant Bronson; and Maryann Howard, a retired social worker who investigated the original sex abuse allegations in 2000, testified on behalf of the People.

The court, having reviewed the trial transcript and having observed the demeanor of A.R. and M.R. during their hearing testimony, now finds that A.R.’s complete recantation of his trial testimony — his remorseful admission that as a troubled adolescent he, “prodded” by his stepmother and father, falsely accused his mother of sex abuse and then repeated that fabricated accusation under oath at his mother’s trial to curry favor with his father — was inherently believable and credible. Because A.R.’s credible recantation clearly constitutes newly discovered evidence and unquestionably “create[s] a probability that had such evidence been received at the trial the verdict would have [203]*203been more favorable to the defendant,” the motion to vacate the judgment of conviction is granted pursuant to CPL 440.10 (D (g).

The Original Charges, Trial and Conviction

Defendant was charged, in a superceding information dated January 10, 2001, with one count of sexual abuse in the second degree (Penal Law § 130.60) and one count of endangering the welfare of a child (Penal Law § 260.10). The deponent, R.R. (defendant’s former husband), alleged that he was informed by his son, A.R., that defendant Bronson “did fondle his penis with her hand” sometime between September 1 and November 30, 1998, when A.R. was only 11 years old. The People reduced the charges to attempted sexual abuse in the second degree and attempted endangering the welfare of a child prior to trial.

The bench trial commenced in January 2002.2 At trial, A.R. testified that sometime between September 1 and November 30, 1998, when he was 11 years old, his mother “would come into [his] bed” at night and “touch [his] penis” with her “hand.” A.R. did not “know” “how long approximately in one given evening . . . this last[ed]” because he “didn’t really keep track of it.” He testified that these incidents took place “maybe once or twice” a week, “just for a few months.”

Although A.R. had been living with his mother from the time that his parents separated when he was four years old, he began living with his father and stepmother in Connecticut in January 1999, just two months after his parents’ divorce. Several weeks after moving in with his father, his stepmother began asking him “what it was like living” with his mother. When A.R. “said it was really bad,” the stepmother “asked [him] to go and get into detail about it” and he told the stepmother what happened. Although this disclosure occurred in February or March 1999, defendant was not arrested until 15 months later (May 25, 2000), after A.R. was placed into the custody of the Connecticut Department of Children and Family Services (CDCFS) by his father because A.R. was having various difficulties living in his father’s home (e.g. A.R. had set a fire in .the backyard, engaged in acts of self-mutilation, and threatened his father and brother with a knife). A.R. also had “emotional difficulties” and “quite elevated” “outbursts,” prior to moving in with his father, all of [204]*204which caused defendant to bring A.R. to a psychologist in October 1998, and to a hospital soon thereafter.

In April 2000, Maryann Howard, a social worker for the CD-CFS, was assigned to investigate A.R.’s sex abuse allegations. Ms. Howard testified that when she asked defendant whether “she recalled any occasion when she would have touched her son in an inappropriate manner,” defendant “recalled ... an occasion when she awakened in her bed and [A.R.] was over her . . . [a]nd she reached down with her hand and touched his genitals.” Defendant later acknowledged her statement to Ms. Howard during her own testimony, explaining that when A.R. fell asleep with his head on her shoulder and his arms across her chest, she attempted to roll him away when she accidentally touched his genitals.

Defendant denied ever having improper sexual contact with either of her sons. At the time of trial, defendant was a faculty member of Ballet Hispánico and a full-time honors student at Southern Connecticut State University. She testified that although her divorce became final in November 1998, “there was great difficulty collecting the child support and maintenance” and there was “a lot of intimidation in regard to the money issues,” which “created a very, very difficult and distressing atmosphere.” Defendant agreed to a change of custody in January 1999 because “emotionally it was very draining and upsetting . . . to be dealing with [R.R.’s] threats and intimidation, receiving payments late, not knowing if they would come.”

At trial, defendant called three character witnesses, each of whom testified to defendant’s good character and reputation for truthfulness.

Defendant was ultimately convicted of attempted sexual abuse in the second degree and attempted endangering the welfare of a child on February 22, 2002.® On March 3, 2003, the court imposed a sentence of one year of probation and adjudicated defendant a level one sex offender.3 4

[205]*205The Motion to Vacate and the Recantation Hearing

Seven years after defendant’s conviction, defendant moved pursuant to CPL 440.10 (1) (g) and (h) to vacate the judgment of conviction. In her motion, which the People oppose, defendant argues that vacatur is warranted based upon newly discovered evidence — A.R.’s current claim that his mother never sexually abused him and his complete recantation of his trial testimony.

On September 15, 2010, this court granted defendant’s motion only to the extent of ordering a hearing (see CPL 440.30 [5]), which was later held on January 10 and April 1, 2011. At the recantation hearing, A.R. and M.R. testified on behalf of their mother, defendant Bronson; and Maryann Howard, a retired social worker who investigated the original sex abuse allegations in 2000, testified on behalf of the People.

A.R., now 23 years old, testified that defendant, his mother, never “touch[ed] [him] in a sexually inappropriate way” and that his prior statements and trial testimony regarding the abuse were “false.” He testified that he made up the allegations one year after moving in with his father (around March 2000) after his stepmother and father “probed” and “prodded” him to disclose negative information about his mother — to the point where it appeared to A.R.

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Related

People v. Jones
43 Misc. 3d 794 (New York Supreme Court, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
32 Misc. 3d 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bronson-nycrimct-2011.