Opinion
258 KA 19-00112
03-19-2021
The PEOPLE of the State of New York, Respondent, v. John JAYCOX, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. KULESUS OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. KULESUS OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
PRESENT: PERADOTTO, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, attempted murder in the first degree ( Penal Law §§ 110.00, 125.27 [1] [a] [vii] ; [b]) arising out of his unprovoked attack on a complete stranger. At the time of the crime, the victim was 60 years old and defendant was 49 years old. We now affirm.
Contrary to defendant's contentions, the conviction is based on legally sufficient evidence (see generally People v. Bleakley , 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ) and the verdict is not against the weight of the evidence when viewed independently and in light of the elements of the crimes as charged to the jury (see generally People v. Danielson , 9 N.Y.3d 342, 348-349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ; People v. Gonzalez , 174 A.D.3d 1542, 1544-1545, 105 N.Y.S.3d 674 [4th Dept. 2019] ). Contrary to defendant's further contention, defense counsel provided meaningful representation (see generally People v. Baldi , 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 [1981] ). The sentence is not unduly harsh or severe. We note that, just 53 days before committing the crime in this case, defendant was released from state prison after serving approximately 20 years for a similar attack on an 81-year-old woman in 1998. Defendant's remaining contentions are unpreserved for appellate review, and we decline to exercise our power to review them as a matter of discretion in the interest of justice.