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People v. Hall

Supreme Court of New York, Appellate Division, Fourth Department
Jun 17, 2021
No. 2021-03968 (N.Y. App. Div. Jun. 17, 2021)

Opinion

2021-03968

06-17-2021

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KAESEAN HALL, DEFENDANT-APPELLANT.

JEFFREY WICKS, PLLC, ROCHESTER (JEFFREY WICKS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.


596 KA 18-00912

JEFFREY WICKS, PLLC, ROCHESTER (JEFFREY WICKS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., NEMOYER, TROUTMAN, WINSLOW, AND BANNISTER, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (Charles A. Schiano, Jr., J.), rendered. The judgment revoked defendant's sentence of probation and imposed a sentence of imprisonment.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant pleaded guilty to assault in the second degree (Penal Law § 120.05 [1]) and was sentenced to probation. Supreme Court subsequently determined, following a hearing, that defendant had violated a condition of his probation by attacking a stranger on a street corner. The court therefore revoked defendant's probation and imposed a different sentence. Defendant appeals, and we affirm.

Defendant contends that he did not violate his probation because he justifiably attacked the victim in self-defense (see generally Penal Law § 35.15 [1]). Even assuming, arguendo, that the defense of justification applies at a probation violation hearing to the same extent as at a criminal trial (cf. People v Miller, 289 A.D.2d 704, 705 [3d Dept 2001]; People v West, 283 A.D.2d 721, 722 [3d Dept 2001], lv denied 96 N.Y.2d 836 [2001]), we reject defendant's contention for the following three reasons. First, defendant's own testimony explicitly characterized the underlying incident as a "mutual fight" in which he "got the best of" the victim, and the defense of justification is statutorily unavailable for "combat by agreement not specifically authorized by law" (§ 35.15 [1] [c]; see Matter of Kim H., 112 A.D.2d 160, 161 [2d Dept 1985]). Second, defendant's own testimony demonstrated that he "lacked a subjective belief that his use of... physical force was necessary to protect himself against [any] use or imminent use of... physical force" by the victim (People v Box, 181 A.D.3d 1238, 1240 [4th Dept 2020], lv denied 35 N.Y.3d 1025 [2020], cert denied — U.S. &mdash, 141 S.Ct. 1099 [2021]; see People v Grady, 40 A.D.3d 1368, 1371 [3d Dept 2007], lv denied 9 N.Y.3d 923 [2007]). Third, any "right to use [physical] force [in self-defense] terminate[d] at the point where [defendant could] no longer reasonably believe that the [victim] still pose[d] a threat to him" (People v Colecchia, 251 A.D.2d 5, 6 [1st Dept 1998], lv denied 92 N.Y.2d 895 [1998]), and the police officer's eyewitness testimony established that defendant continued attacking the victim even after the victim was lying "helpless" and "unconscious" on the ground.


Summaries of

People v. Hall

Supreme Court of New York, Appellate Division, Fourth Department
Jun 17, 2021
No. 2021-03968 (N.Y. App. Div. Jun. 17, 2021)
Case details for

People v. Hall

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KAESEAN HALL…

Court:Supreme Court of New York, Appellate Division, Fourth Department

Date published: Jun 17, 2021

Citations

No. 2021-03968 (N.Y. App. Div. Jun. 17, 2021)