Opinion
1126 Ind. No. 1803/15 Case No. 2018–03306
11-30-2023
The PEOPLE of the State of New York, Respondent, v. Jonathan HODGSON, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Rachel L. Pecker of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Rachel L. Pecker of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.
Kapnick, J.P., Webber, Singh, Moulton, Scarpulla, JJ.
Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 27, 2018, as amended June 13, 2018, convicting defendant, after a jury trial, of assault in the first degree and assault in the second degree (three counts), and sentencing him to an aggregate term of 20 years, to run consecutively to a previously imposed sentence of 15 years on an unrelated conviction, unanimously affirmed.
Defendant's contention that his conviction of assault in the first degree is unsupported by legally sufficient evidence is unpreserved (see CPL 470.05[2] ; People v. Gray, 86 N.Y.2d 10, 20–21, 629 N.Y.S.2d 173, 652 N.E.2d 919 [1995] ), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The nature of defendant's attack on the victim and the resulting injuries permitted a reasonable inference that defendant intended to cause the victim serious and permanent disfigurement (see Penal Law § 120.10[2] ; People v. Bueno, 18 N.Y.3d 160, 169–170, 936 N.Y.S.2d 636, 960 N.E.2d 405 [2011] ). Immediately prior to defendant's entry into the mental health interview room where the victim, a mental health counselor was seated, defendant is observed on surveillance video checking his belt and collar and cracking his knuckles. Once he enters the room, defendant is seen making a slicing motion to his throat and then jumping onto the victim, punching him to the face at least 16 times before the correction officers are able to pull defendant off the victim. As a result, the victim sustained multiple complex facial fractures, including a fractured eye socket, dislodged and broken teeth, and a broken jaw, requiring surgery (see People v. Spencer, 161 A.D.3d 483, 484, 77 N.Y.S.3d 360 [1st Dept. 2018], lv denied 31 N.Y.3d 1153, 83 N.Y.S.3d 435, 108 N.E.3d 509 [2018] ; People v. McLaughlin, 8 A.D.3d 146, 147, 780 N.Y.S.2d 119 [1st Dept. 2004], lv denied 3 N.Y.3d 678, 784 N.Y.S.2d 16, 817 N.E.2d 834 [2004], lv denied 3 N.Y.3d 741, 786 N.Y.S.2d 820, 820 N.E.2d 299 [2004] ). Furthermore, defendant struck the victim with such force that his blows knocked the victim's head back, crushing the discs in his neck, requiring an anterior cervical diskectomy fusion and resulting in permanent spinal damage.
We reject defendant's contention that his mental state undermined a finding of the requisite intent, as defendant did not raise an insanity defense at trial and no evidence of mental capacity or the lack thereof was put before the jury (see People v. Santiago, 134 A.D.3d 472, 473, 22 N.Y.S.3d 175 [1st Dept. 2015], lv denied 27 N.Y.3d 1006, 38 N.Y.S.3d 115, 59 N.E.3d 1227 [2016] ; People v. Jones, 212 A.D.3d 888, 891 n 4, 180 N.Y.S.3d 722 [3d Dept. 2023], lv denied 39 N.Y.3d 1111, 186 N.Y.S.3d 833, 208 N.E.3d 61 [2023] ).
Defendant's challenge to the court's denial of the jury's request for a readback of defendant's summation is unpreserved, and we decline to review it in the interest of justice. Defendant's pro se status at trial did not excuse him from the preservation requirement (see People v. Edwards, 58 A.D.3d 412, 413, 871 N.Y.S.2d 92 [1st Dept. 2009], lv denied 12 N.Y.3d 815, 881 N.Y.S.2d 23, 908 N.E.2d 931 [2009] ). As an alternative holding, we find that the court providently exercised its discretion in denying the request (see People v. Velasco, 77 N.Y.2d 469, 474, 568 N.Y.S.2d 721, 570 N.E.2d 1070 [1991] ).
We perceive no basis to reduce the sentence.