Opinion
2022-02073 Ind 1605/17
03-24-2022
The People of the State of New York, Respondent, v. Huver Erigolles, Defendant-Appellant. Appeal No. 15566 No. 2019-03597
Robert S. Dean, Center for Appellate Litigation, New York (Emilia King-Musza of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Emilia King-Musza of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Before: Gische, J.P., Mazzarelli, Friedman, González, Mendez, JJ.
Judgment, Supreme Court, Bronx County (Miriam Best, J.), rendered May 16, 2019, convicting defendant, after a jury trial, of endangering the welfare of a child and criminal contempt in the second degree, and sentencing him to an aggregate term of one year, 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 victim sufficiently described conduct committed by defendant that constituted endangering the welfare of a child. There is no basis for disturbing the jury's credibility determinations, and the mixed verdict does not warrant a different conclusion (see People v Rayam, 94 N.Y.2d 557 [2000]). A conviction of child endangerment is not necessarily undermined by a defendant's acquittals of underlying or related conduct (see People v Gordon, 201 A.D.3d 443 [1st Dept 2022]; People v Irizarri, 82 A.D.3d 650 [1st Dept 2011]).
The court providently exercised its discretion in denying defendant's mistrial motion, based on testimony regarding defendant's prior violent acts that went beyond the scope of the court's ruling under People v Molineux (168 NY 264 [1901]). The court's curative actions, and its limiting instructions on uncharged crimes, were sufficient to prevent any prejudice. Defendant did not preserve his challenges to the sufficiency and timing of the court's instructions, or to the People's summation, and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal.