State v. Altayeb

11 A.3d 1122, 126 Conn. App. 383, 72 A.L.R. 6th 737, 2011 Conn. App. LEXIS 45
CourtConnecticut Appellate Court
DecidedFebruary 8, 2011
DocketAC 31678
StatusPublished
Cited by10 cases

This text of 11 A.3d 1122 (State v. Altayeb) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Altayeb, 11 A.3d 1122, 126 Conn. App. 383, 72 A.L.R. 6th 737, 2011 Conn. App. LEXIS 45 (Colo. Ct. App. 2011).

Opinions

[385]*385 Opinion

GRUENDEL, J.

The defendant, Becker Altayeb, appeals from the judgment of conviction, rendered after a trial to the court, of attempt to commit murder in violation of General Statutes §§ 53a-49 and 53a-54a (a), and assault in the first degree in violation of General Statutes § 53a-59 (a) (1), and the judgment revoking his probation after the court found that he had violated his probation in violation of General Statutes § 53a-32. On appeal, the defendant claims that (1) the evidence adduced at trial was insufficient to sustain his conviction of attempt to commit murder and assault in the first degree, (2) the court improperly determined that he validly waived his right to a jury trial and (3) the court improperly denied his motion for a Franks hearing.1 We affirm the judgments of the trial court.

The following facts, as found by the court, and procedural history are relevant to the disposition of the defendant’s appeal. In the early morning of July 28, 2008, the victim, Farid Alzoubi, attended prayer at a mosque located at 1300 Fairfield Avenue in Bridgeport. At the conclusion of prayer, Alzoubi exited the mosque and stood outside on the comer of Fairfield and Clinton Avenues for approximately ten minutes conversing with an acquaintance, Ali Essafi. As the two men were speaking, the defendant approached and joined their conversation. Alzoubi personally was familiar with the defendant, given their mutual connections to the Islamic community center in Bridgeport. Shortly after the defendant appeared, Essafi departed, leaving Alzoubi alone with the defendant. An argument soon ensued, as the defendant threatened to kill Alzoubi for having an affair with his wife. Suddenly, the defendant drew a knife and stabbed Alzoubi in the abdomen, causing him to fall backward onto the street. Bleeding and [386]*386disoriented, Alzoubi fled across the street to a gasoline station where he called 911, identifying the defendant as his attacker.2 Richard Campoli, a witness to the stabbing, was sitting on the street curb across from the mosque waiting for a ride to work on the morning of July 28, 2008. After witnessing the stabbing, Campoli observed Alzoubi’s attacker flee in a black Mercedes-Benz sedan. Because of the predawn darkness, Campoli was unable to clearly identify Alzoubi’s attacker; however, he was able to record what he recalled of the sedan’s license plate, which he provided to Bridgeport police. Campoli’s account of the incident, particularly his description of the sedan, assisted police in further linking the defendant to the stabbing.

The defendant subsequently was arrested and charged with attempt to commit murder in violation of §§ 53a-49 and 53a-54a (a), assault in the first degree in violation of § 53a-59 (a) (1) and violation of probation in violation of § 53a-32.3 After a trial to the court, the defendant was convicted of the first two charges and, in a separate proceeding, the court found that he had violated his probation. Thereafter, the court imposed a total effective sentence of eighteen years incarceration, execution suspended after thirteen years, with five years of probation. This appeal followed. Additional facts will be set forth as necessary.

I

First, the defendant claims that the evidence adduced at trial was insufficient to sustain his conviction of attempt to commit murder and assault in the first degree. Specifically, the defendant argues that the court [387]*387improperly concluded that various factual inconsistencies in the victim’s account of the stabbing incident and his identification of the defendant as his attacker were the result of language difficulties,4 rather than outright dishonesty. We disagree.

“The standard of review employed in a claim of insufficient evidence is well settled. [W]e apply a two part test. First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the [evidence] so construed . . . the [trier of fact] reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt.” (Internal quotation marks omitted.) State v. Chimenti, 115 Conn. App. 207, 218, 972 A.2d 293, cert. denied, 293 Conn. 909, 978 A.2d 1111 (2009).

“[E]vidence is not insufficient [merely] because it is conflicting or inconsistent. [The fact finder] is free to juxtapose conflicting versions of events and determine which is more credible. ... It is the [fact finder’s] exclusive province to weigh the conflicting evidence and to determine the credibility of witnesses. . . . The [fact finder] can . . . decide what — all, none, or some — of a witness’ testimony to accept or reject.” (Internal quotation marks omitted.) State v. Santos, 108 Conn. App. 250,253,947 A.2d 414 (2008). As a corollary, “[questions of whether to believe or to disbelieve a competent witness are beyond our review. As a reviewing court, we may not retry the case or pass on the credibility of witnesses. . . . Our review of factual determinations is limited to whether those findings are clearly erroneous. ... [In any case], [w]e must defer to the [finder] of fact’s assessment of the credibility of [388]*388the witnesses that is made on the basis of its firsthand observation of their conduct, demeanor and attitude.” (Internal quotation marks omitted.) State v. Moody, 121 Conn. App. 207, 219, 994 A.2d 702, cert. denied, 297 Conn. 920, 996 A.2d 1193 (2010). A court’s finding of fact is clearly erroneous and its conclusions drawn from that finding lack sufficient evidence when there is no evidence in the record to support it or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. See Molaver v. Thomas, 125 Conn. App. 88, 92-93, 6 A.3d 232 (2010).

Here, the defendant’s claim can be summarized as an attack on the corut’s credibility assessment of the victim and the victim’s testimony regarding the stabbing and the identification of the defendant as his assailant. The defendant argues that the corut’s conclusion that various inconsistencies within the victim’s testimony were due to his difficulties with the English language was clearly erroneous. As our case law makes clear, “[qjuestions of whether to believe or to disbelieve a competent witness are beyond our review.” (Internal quotation marks omitted.) State v. Moody, supra, 121 Conn. App. 219. Instead, the scope of our review is limited to the question of whether or not the court’s conclusions regarding the victim’s testimony are supported by the record; we conclude that the record in this case is so supportive. Although the victim may have contradicted himself several times when explaining the circumstances of the stabbing, his “identification of the [defendant as his] assailant . . . was positive throughout” his testimony. Indeed, at no time, from the initial 911 call through the end of trial, did the victim waver in his identification of the defendant as the assailant in this case.

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Cite This Page — Counsel Stack

Bluebook (online)
11 A.3d 1122, 126 Conn. App. 383, 72 A.L.R. 6th 737, 2011 Conn. App. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-altayeb-connappct-2011.