State v. Calonico

770 A.2d 454, 256 Conn. 135, 2001 Conn. LEXIS 123
CourtSupreme Court of Connecticut
DecidedMay 8, 2001
DocketSC 16295
StatusPublished
Cited by32 cases

This text of 770 A.2d 454 (State v. Calonico) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Calonico, 770 A.2d 454, 256 Conn. 135, 2001 Conn. LEXIS 123 (Colo. 2001).

Opinion

Opinion

SULLIVAN, J.

The defendant, Linda Calonico, was convicted after a court trial of one count of larceny in the first degree in violation of General Statutes (Rev. [137]*137to 1995) § 53a-122 (a) (2).1 She was sentenced to five [138]*138years imprisonment, suspended after one year, and five years probation. The trial court concluded that, based on the “totality of the evidence and the reasonable inferences to be drawn therefrom,” the state had proven beyond a reasonable doubt that: (1) the victim, Mary Crook, had lacked the mental capacity to make reasonable decisions with respect to her assets and estate, or to make any gifts therefrom; (2) the defendant had had regular contact with the victim and knew or should have known of her mental incapacity; and (3) the “defendant with intent to deprive [the victim] of her property and to appropriate the same to herself or a third person, wrongfully [had taken] and obtained [the victim’s] property,” which was valued at approximately $800,000. The defendant appealed from the judgment of the trial court to the Appellate Court, and we transferred the defendant’s appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.

On appeal, the defendant challenges the sufficiency of the evidence produced by the state. First, the defendant argues that we should abandon the waiver rule of State v. Rutan, 194 Conn. 438, 440-41, 479 A.2d 1209 (1984) (if defendant chooses to present evidence after motion for acquittal is denied immediately following state’s evidence, defendant waives right to appellate review of trial court’s ruling on motion). Second, the defendant argues that the state failed to prove that the victim had lacked the mental capacity to make gifts. The defendant also claims that the state failed to prove that she had the requisite, unlawful intent permanently to deprive the victim of the appropriated funds. Consequently, she argues that the state failed to prove the elements necessary to convict her of the crime of larceny in the first degree. We disagree with the defendant [139]*139and conclude that, even without the defendant’s evidence, the trial court reasonably could have concluded that the evidence offered by the state was sufficient to prove beyond a reasonable doubt that the defendant had committed larceny in the first degree by wrongfully taking the victim’s assets without consent and with the intent permanently to deprive her of them in violation of § 53a-122 (a) (2). We, therefore, affirm the judgment of the trial court.

I

As a preliminary matter, we address the defendant’s claim that the trial court improperly denied her motion for judgment of acquittal at the end of the state’s casein-chief. The defendant argues that appellate review of a claim of evidentiary sufficiency should be limited to the evidence in the record at the close of the state’s case. Therefore, she advocates that we abandon the waiver rule; e.g., id., 440-41; which provides that, if a defendant elects to introduce evidence after the trial court denies his or her motion for judgment of acquittal at the end of the state’s case, appellate review encompasses the evidence in toto, including evidence introduced by the defendant. Accordingly, in applying the waiver rule, “we . . . look at the evidence in toto in order to review the trial court’s ruling on the motion for judgment of acquittal after all of the evidence had been presented.” State v. Simino, 200 Conn. 113, 118, 509 A.2d 1039 (1986).

We need not consider abandoning the waiver rule, however. Based on a review of the state’s evidence only, the state had proven beyond a reasonable doubt that the defendant was guilty of larceny in the first degree. “On its merits, the defendant’s claim is a challenge to the sufficiency of the evidence at the end of the state’s case. Our review of the state’s evidence is limited to an inquiiy whether the jury could have reason[140]*140ably concluded, upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt.” (Internal quotation marks omitted.) State v. Rutan, supra, 194 Conn. 444, quoting State v. Stepney, 191 Conn. 233, 255, 464 A.2d 758 (1983), cert. denied, 465 U.S. 1084, 104 S. Ct. 1455, 79 L. Ed. 2d 772 (1984); see also State v. Haddad, 189 Conn. 383, 387, 456 A.2d 316 (1983). We conclude that the evidence at the close of the state’s case was sufficient to sustain the state’s burden of proving the defendant guilty of larceny in the first degree beyond a reasonable doubt. Therefore, we do not reach the issue of whether we should abandon the waiver rule.

II

The trial court reasonably could have found the following facts. The victim is an elderly, childless widow, whose only surviving family is a sister, Anne Shea,2 who, at the time in question, was a resident of a nursing home. The victim had a close friend, Minnie Calonico, the mother of the defendant. The victim spent most of her time with Minnie Calonico after her sister had become incapacitated, and Minnie Calonico and the victim were best friends and had a very close, family-like relationship.3 During the early period of their friendship, the victim and Minnie Calonico went to casinos and out for meals together.

Suspicion of larceny arose after legal and financial professionals assisting the victim discovered evidence that the defendant was mishandling the victim’s funds. An initial review of the victim’s accounts showed that [141]*141several bank accounts had been consolidated into one large account over the course of several months in 1995. Further investigation revealed that the defendant appropriated approximately $800,000 of the victim’s money from that consolidated account over a period of less than three weeks through cash withdrawals and transfers into bank accounts of the defendant and her friends and family.

In early 1995, at age eighty-nine, the victim sought the assistance of her attorney, Daniel H. Dennis, Jr., to create a new will.4 Dennis referred the victim to Richard K. Snyder, an attorney specializing in estate planning and administration for geriatric clients. Dennis expressed some concern to Snyder about the victim’s ability to handle everyday financial matters. As a result, Snyder recommended to the victim that she “get some reputable professional assistance with her financial affairs” because of her age and substantial assets.5 Upon her request, Snyder contacted the victim’s accountant at the firm of Luppi, Mahon, Schulz and Company (accounting firm). Snyder suggested to Robert Boudreau, the accountant in charge of the victim’s account, that the victim needed regular assistance paying bills, balancing her checkbook and making deposits. In response, Boudreau assigned one of the accounting firm’s assistants, Susan Frame,6 to help the victim with her finances on a regular basis.

[142]

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Cite This Page — Counsel Stack

Bluebook (online)
770 A.2d 454, 256 Conn. 135, 2001 Conn. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-calonico-conn-2001.