People v. Harris

88 A.D.3d 83, 928 N.Y.2d 114
Appellate Division of the Supreme Court of the State of New York·Decided July 28, 2011·Published·Cited by 4 cases

Opinions

OPINION OF THE COURT

Mercure, J.

Following a lengthy trial, defendant was convicted in 2007 of murder in the second degree for killing his wife, Michele Harris (hereinafter the victim), who was last seen on September 11, 2001. Neither the victim’s body nor any murder weapon has ever been found. Within hours after the verdict, an individual, Kevin Tubbs, came forward alleging that he had information relevant to the victim’s disappearance. Defendant’s ensuing CPL 330.30 motion to set aside the verdict was granted, and a new trial was ordered (People v Harris, 55 AD3d 958 [2008]). Following the second trial, defendant was again found guilty of murder in the second degree. County Court denied his subsequent motion to set aside the verdict, and sentenced him to a prison term of 25 years to life. Upon defendant’s appeal, we now affirm.

Initially, we reject defendant’s argument that his conviction is not supported by legally sufficient evidence and is against the weight of the evidence. The proper standard for appellate [86]*86review of a conviction based on wholly circumstantial evidence is the same as in any other criminal case: “whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt” (People v Ficarrota, 91 NY2d 244, 248 [1997] [internal quotation marks and citations omitted]; see People v Hines, 97 NY2d 56, 62 [2001]; People v Wong, 81 NY2d 600, 608 [1993]). While the danger that the trier of fact may leap logical gaps in the People’s proof forms the basis for the circumstantial evidence charge to be given to the jury, the Court of Appeals has clarified that the standard set forth in that charge is only for the trier of fact, rather than an appellate court reviewing legal sufficiency (see People v Hines, 97 NY2d at 62; People v Norman, 85 NY2d 609, 620-622 [1995]; People v Williams, 84 NY2d 925, 926 [1994]; see also People v Rossey, 89 NY2d 970, 971-972 [1997]; People v Wong, 81 NY2d at 608). Thus, it is settled that “ ‘the jury should be instructed in substance that it must appear that the inference of guilt is the only one that can fairly and reasonably be drawn from the facts, and that the evidence excludes beyond a reasonable doubt every reasonable hypothesis of innocence’ ” (People v Ford, 66 NY2d 428, 441 [1985] [emphasis added], quoting People v Sanchez, 61 NY2d 1022, 1024 [1984]). In contrast, although close judicial supervision may be necessary in circumstantial evidence cases, the appellate courts’ function in reviewing legal sufficiency remains limited to assessing solely “ ‘whether any valid line of reasoning and permissible inferences could lead a rational person to the conclusion reached by the fact finder on the basis of the evidence at trial, viewed in the light most favorable to the People’ ” (People v Hines, 97 NY2d at 62, quoting People v Williams, 84 NY2d at 926; see People v Norman, 85 NY2d at 620-621).

Further, “the People are entitled to the benefit of every reasonable inference to be drawn from the evidence” (People v Cintron, 95 NY2d 329, 332 [2000]; see People v Hines, 97 NY2d at 62).1 As a practical matter, then, we must “assume that the jury credited the prosecution witnesses and gave the prosecution’s evidence the full weight that might reasonably be accorded it” (People v Benzinger, 36 NY2d 29, 32 [1974]; see People v Bieren[87]*87baum, 301 AD2d 119, 131 [2002], lv denied 99 NY2d 626 [2003], cert denied 540 US 821 [2003]). In reviewing legal sufficiency, we also must be mindful that “[t]he possibility that someone other than [defendant] may have committed the crime does not preclude a guilty verdict”; even in circumstantial evidence cases, “the jury [remains] free to assess the evidence and to reject that which it finds to be nonpersuasive” (People v Ford, 66 NY2d at 437). That is, “it is for the jury to determine what evidence is to be believed and what evidence is to be discredited, as long as that decision does not involve any logical inconsistencies” (People v Kennedy, 47 NY2d 196, 204 [1979]). Acquittal is not mandated in a circumstantial evidence case simply because “every bit of evidence submitted to the jury [is not] inculpatory rather than exculpatory” (id.), or because certain evidence, “when . . . evaluated in isolation, [is] susceptible to arguable inferences which at first blush seem consistent with [a] defendant’s claim of innocence” (People v Bierenbaum, 301 AD2d at 132). Rather, we must review all the evidence presented as a whole, “cast in its aggregated and interwoven symmetry, and after applying all natural and reasonable inferences” that favor the People (id. at 132-133), determine whether the jury could logically conclude that the elements of the crime were proven beyond a reasonable doubt.

Viewed under that standard, the proof herein is legally sufficient to establish that defendant intentionally caused the death of the victim at their home on the night of September 11, 2001. Specifically, although there is no direct evidence, the People demonstrated defendant’s guilt through circumstantial proof of motive, intent, opportunity and consciousness of guilt, as well as evidence of the victim’s sudden disappearance and her spattered blood in the garage and kitchen in the family home.2

Turning first to motive, defendant is correct that such evidence “does not establish any element of the crime, and cannot take the place of proof of [defendant’s] actual commission of the crime” (People v Marin, 65 NY2d 741, 745 [1985]). Nevertheless, that truism does not provide a basis for discounting the evidence of motive here. Indeed, “evidence of . . . motive cannot be ignored in examining the evidence in the light most favorable to the prosecution” (id. [emphasis added]; see People v Kimes, [88]*8837 AD3d 1, 13-14 [2006], lv denied 8 NY3d 881 [2007]; People v Bierenbaum, 301 AD2d at 135; People v Seifert, 152 AD2d 433, 443 [1989], lv denied 75 NY2d 924 [1990]). Particularly in circumstantial evidence cases, “ ‘motive often becomes not only material, but controlling’ ” (People v Toland, 284 AD2d 798, 804 [2001], lv denied 96 NY2d 942 [2001], quoting People v Fitzgerald, 156 NY 253, 258 [1898]; see People v Thibeault, 73 AD3d 1237, 1239-1240 [2010], lv denied 15 NY3d 810 [2010], cert denied 562 US —, 131 S Ct 1691 [2011]).

The record demonstrates that at the time of the victim’s death, her marriage to defendant was nearing its end, and the two were in the midst of unsuccessfully attempting to negotiate a divorce settlement. The marriage was marked by infidelity; both defendant and the victim were having intimate relationships with other people prior to the commencement of divorce proceedings. When the victim initiálly told defendant on December 8, 2000 that she wanted a divorce, he reacted explosively. The victim’s sister-in-law, who telephoned that evening, reported hearing defendant screaming at the victim, as she pleaded with him not to come near her and attempted to flee. Despite defendant using his truck to block the victim’s car in the family garage, she was eventually able to retreat to the home of her brother and sister-in-law.

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People v. Harris, 88 A.D.3d 83, 928 N.Y.2d 114 (N.Y. Ct. App. 2011).

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