People v. Maricevic

52 A.D.3d 1043, 860 N.Y.S.2d 666
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 19, 2008
StatusPublished
Cited by18 cases

This text of 52 A.D.3d 1043 (People v. Maricevic) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State 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. Maricevic, 52 A.D.3d 1043, 860 N.Y.S.2d 666 (N.Y. Ct. App. 2008).

Opinion

Carpinello, J.

Appeal from a judgment of the County Court of Schoharie County (Bartlett, III, J.), rendered January 25, 2007, upon a verdict convicting defendant of the crimes of vehicular manslaughter in the second degree (two counts), vehicular assault in the second degree (two counts) and driving while intoxicated (two counts), and the traffic infractions of failure to reduce speed and driving to the left of pavement markings. Defendant was indicted on two counts each of vehicular man[1044]*1044slaughter in the second degree, vehicular assault in the second degree and driving while intoxicated, as well as two minor traffic infractions, arising out of a one-car accident in the early morning hours of June 26, 2005. The accident took place after defendant and several companions had been drinking at a local pub. At the time of the accident, which took place on a winding, rural road in Schoharie County, three men were in defendant’s sport utility vehicle, namely, defendant, Peter Theologitis and Keith Klein. Defendant’s vehicle, which was traveling westbound, went off the road on a curve, crossed the eastbound lane, struck a stone wall, rolled over and came to rest on its roof on the escarpment of the Gilboa Dam.

Defendant was not seriously injured as a result of the accident. At the hospital, he agreed to submit to a chemical test which revealed that his blood alcohol content some hours after the accident was .11%. Theologitis was seriously injured and Klein died at the scene as a result of his injuries. After a jury trial at which the issue of defendant’s identity as the driver of the vehicle was disputed, he was found guilty as charged. He was sentenced to prison terms aggregating 1⅔ to 5 years. This appeal ensued.

We turn first to defendant’s challenges to the legal sufficiency and weight of the evidence against him, both of which hinge on the claim that Theologitis was driving at the time of accident. In particular, defendant argues that he was convicted “on anything but legally sufficient evidence” and that it was “illogical” for the jury to have concluded that he was driving at the time of the accident. He further argues that the jury’s verdict was against the weight of the evidence. When considering a challenge to the legal sufficiency of the evidence, we view the evidence in the light most favorable to the People and will not disturb the verdict if the evidence demonstrates a valid line of reasoning and permissible inferences that could lead a rational person to the conclusion reached by the jury (see People v Ingram, 3 AD3d 791, 792 [2004]; People v Claros, 280 AD2d 610 [2001], lv denied 96 NY2d 781 [2001]; People v Charland, 194 AD2d 827 [1993]; see generally People v Contes, 60 NY2d 620, 621 [1983]).

In applying this standard to the instant case, we find there is ample evidence in the record from which the jury could have reasonably concluded that defendant was indeed driving at the time of the accident. First, Theologitis unequivocally testified that he was seated in the front passenger seat at the time of the accident, that defendant was driving and that Klein was in the backseat. Moreover, according to Theologitis, defendant [1045]*1045apologized to him at the accident scene, apologized again one week later and then contacted him three months before trial asking him to state that Klein was driving.

The jury also heard testimony from an emergency medical technician that defendant was alert and oriented following the accident and that, although he initially appeared to be unsure if he was the driver when first asked, he sounded “positive” when “firmly” asked a second time. A fellow emergency medical technician confirmed that defendant was alert and oriented following the accident and did ultimately acknowledge that he was the driver. Defendant also told an investigating state trooper that he was driving at the time of the accident. In particular, he gave an oral statement to this trooper claiming that he swerved to avoid hitting a small animal in the road and lost control of his vehicle.

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Bluebook (online)
52 A.D.3d 1043, 860 N.Y.S.2d 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maricevic-nyappdiv-2008.