People v. Pagan

159 A.D.2d 6, 1990 N.Y. App. Div. LEXIS 8370, 559 N.Y.S.2d 286
Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1990·Published·Cited by 1 cases

Opinions

OPINION OF THE COURT

Per Curiam.

The issue on this appeal is whether the evidence in this largely circumstantial case is sufficient to sustain defendant’s conviction of manslaughter in the first degree.

Contrary to the position of the defendant, we find that this case is not based wholly on circumstantial evidence. The [8]*8defendant’s statements in the ambulance could be interpreted by the jury as an admission of guilt, thereby distinguishing this case from one based only on circumstantial evidence and rendering inapplicable the usual standards which apply in exclusively circumstantial cases (People v Rumble, 45 NY2d 879). Accordingly, the standard which obtains here is whether after viewing the evidence in the light most favorable to the People, a rational finder of fact could find each of the essential elements of the crime beyond a reasonable doubt. (See, e.g., People v Contes, 60 NY2d 620.) Moreover, we conclude that the evidence here is sufficient even if the case is viewed as one based exclusively upon circumstantial evidence which requires that "for guilt to be proven beyond a reasonable doubt the hypothesis of guilt should flow naturally from the facts proved, and be consistent with them; and the facts proved must exclude 'to a moral certainty’ every reasonable hypothesis of innocence” (People v Benzinger, 36 NY2d 29, 32). Under this standard, too, the facts must be viewed most favorably to the People and it should be assumed 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, supra.)

The evidence presented at the trial established that on July 13, 1986, defendant and his wife, Sylvia Ocasio, spent the evening at a bar on 138th Street, in The Bronx, from 9:30 p.m. until approximately 12:30 a.m. on July 14th. While they both drank heavily during their stay in the bar, the husband was described by the bar attendant as in complete control of his actions, while the wife was characterized as "very drunk” and "staggering” by the time they were ready to leave. It was noted that on the way out of the bar Ms. Ocasio fell to the floor twice and had to be helped to her feet. The couple then took a taxicab to their residence at 582 Southern Boulevard. According to the defendant’s testimony, after he and his wife exited the car and separately proceeded towards their apartment building, his wife fell to the ground three times. While he helped her to her feet after one of the falls, he noticed no injury to her head nor did she complain of any injury. Defendant’s testimony was equivocal as to whether or not he saw garbage or debris scattered on the sidewalk in front of their building at that time. After the couple entered the building through the vestibule, Ms. Ocasio, without any assistance, proceeded to walk through the hallway and up the four flights of stairs to their third-floor apartment. Upon entering their [9]*9apartment, defendant locked the door from inside and he stated that he then left his wife in the bedroom undressing while he went to the kitchen to prepare some food. Defendant stated that his wife had not eaten during the many hours they had spent at the bar nor had he seen her eat during their earlier late afternoon into evening visit to her grandmother’s home.

A neighbor, Mayra Rivera, who lived in the apartment directly above that occupied by defendant and Ms. Ocasio, was awakened in the early morning hours of July 14th by the sounds of an argument between a man and a woman, emanating from the apartment below. While she heard the woman speaking, she "didn’t hear exactly her words”. She did, however, hear the man repeatedly say in Spanish, "Sylvia why did you do this to me”? She then heard a loud noise, which she described as "like if something fell or somebody got hit or pushed, like when you hit a wall or something like that”. Following this noise, the witness "heard the man saying, 'Sylvia, wake up, wake up Sylvia’, and then everything stopped and then [she] heard footsteps going out of the apartment and footsteps coming back in”.

Defendant’s own testimony, while differing in specifics, established, without any doubt, that Ms. Rivera’s testimony related to sounds coming from his apartment. According to defendant, he was entering the bedroom from the kitchen, carrying a bowl of yellow rice and vegetables which he had prepared, when he found his wife lying on the floor unconscious, bleeding from a head wound. Defendant testified that he dropped or threw the plate of food against the wall and ran to his wife’s side trying to make her talk to him. When she didn’t respond, he "started yelling, 'Why did you do this to me, Honey?’ ” and then tried to wipe the blood off her face with a wet cloth. It is uncontradicted that at this point defendant left the apartment to seek help, and, with the aid of an unidentified neighbor who had hailed an ambulance, carried his wife down to the street on a chair. EMS technicians placed the victim in the ambulance and rushed her to Lincoln Hospital. An EMS technician testified that en route,, the defendant "was holding her hand” and "telling her to wake up”, repeating twice that "he was sorry, that he didn’t mean it, and that he loved her”.

The wife was found to have a small puncture wound of the scalp and skull with lacerations of the brain with consequent [10]*10hemorrhaging. She never regained consciousness and was pronounced dead at the hospital several hours later.

Testimony was also given by Police Officer Joseph who was immediately assigned to the case and first visited the scene at 9:20 a.m. on July 14, 1986, a few hours after Ms. Ocasio had been taken to the hospital. At that time the officer had information, from the hospital, later found to be incorrect, that Ms. Ocasio was suffering from a gunshot wound in the head. Officer Joseph testified that when he entered the vestibule of the building he saw no blood either there or in the hallway or anywhere on the four flights of steps leading to defendant’s apartment. He also stated that the screen in the single window in the bedroom was closed. Police Officer Martino who arrived at the premises about 2 Vi hours later—i.e., 11:45 a.m. on July 14—testified that before entering defendant’s apartment, he inspected the sidewalk in front of the building as well as the vestibule, inside hallways and stairs for any signs of blood and found none. He further stated that while he was in the apartment, defendant opened the closet door at which time Martino observed the presence of two metal toolboxes, one of which was partially opened, and paint cans, located in the closet. He also observed an overturned bowl of food and a spoon lying in dried blood on the bedroom floor. An electric drill was also observed in the apartment. A few days later, when it was found that Ms. Ocasio’s death was caused by a puncture wound rather than a gunshot, Officer Martino returned with a search warrant at which time neither the drill nor the toolboxes were present in the apartment. While the drill was ultimately produced, and found not to be involved in the incident, the toolboxes and paint cans were never available for examination. While defendant’s witnesses stated that there were never toolboxes in the closet but only boxes for the deceased’s sewing machine and a plastic drawer where she kept tools and parts of the sewing machine, it is uncontradicted that all such items were gone from the closet, 3 or 4 days later when Officer Martino returned with a search warrant.

The medical testimony in the case was, of course, critical.

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People v. Pagan, 159 A.D.2d 6, 1990 N.Y. App. Div. LEXIS 8370, 559 N.Y.S.2d 286 (N.Y. Ct. App. 1990).

159 A.D.2d 6 (People v. Pagan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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