Opinion
Appeal No. 15323 Ind No. 396/13Case No. 2017-142
02-17-2022
The People of the State of New York, Respondent, v. Carlos Diaz, Defendant-Appellant. Appeal No. 15323 No. 2017-142
Janet E. Sabel, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Gische, Mazzarelli, Friedman, Mendez, JJ.
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered January 14, 2016, convicting defendant, after a jury trial, of attempted murder in the first degree, attempted murder in the second degree (two counts), assault in the first degree (two counts), attempted assault in the first degree (two counts), and attempted arson in the second degree, and sentencing him to an aggregate term of 35 years to life, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The jury's finding that defendant intended to commit murder and arson was supported by a reasonable inference that he intended the natural consequences of his acts (see generally People v Getch, 50 N.Y.2d 456, 465 [1980]), as well as his threats to the victims. The jury could have reasonably discredited the portions of defendant's statements in which he claimed to have had intentions other than murder and arson.
The record establishes that defendant was mentally competent to stand trial. We find no basis for disturbing the court's evaluation of the conflicting medical testimony at the competency hearing (see People v Pena, 33 A.D.3d 374 [1st Dept 2006], lv denied 8 N.Y.3d 848 [2007]). The People's expert had ample grounds, including tests she conducted and recorded phone calls made by defendant while in custody, for finding that defendant was feigning psychiatric symptoms.
We perceive no basis for reducing the sentence.