Opinion
16964 Ind. No. 3261/15 Case No. 2018–2208
12-22-2022
The PEOPLE of the State of New York, Respondent, v. Efrain SANTIAGO, Defendant–Appellant.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Karen Brill of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Shane Magnetti of counsel), for respondent.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Karen Brill of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Shane Magnetti of counsel), for respondent.
Webber, J.P., Friedman, Gesmer, Shulman, Rodriguez, JJ.
Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered November 20, 2017, convicting defendant, after a jury trial, of criminal trespass in the second degree, and sentencing him to three years’ probation, unanimously affirmed.
The verdict was not against the weight of evidence. The victim's account of the criminal trespass was extensively corroborated by other witnesses. There is no basis for disturbing the jury's credibility determinations.
The court providently exercised its discretion in admitting evidence that defendant, a police officer, had threatened the victim on multiple occasions by telling her that he was on disciplinary probation, could lose his job, and would kill her and take their child from her if she reported him for assaulting her. This evidence was probative of the relationship between defendant and victim and the victim's reluctance to report domestic violence incidents to the police (see e. g. People v. Rosario, 34 A.D.3d 370, 824 N.Y.S.2d 296 [1st Dept. 2006], lv denied 8 N.Y.3d 949, 836 N.Y.S.2d 560, 868 N.E.2d 243 [2007] ), and their probative value exceeded any prejudicial effect. Defendant's challenges to the Molineux evidence and the court's ruling are unpreserved and we decline to review them in the interest of justice (see People v. Molineux, 168 N.Y. 264, 61 N.E. 286 [1901] ). Defendant failed to argue that the court's limiting instructions were inadequate. Defendant also failed to assert that the People's questioning of witnesses exceeded the scope of the court's initial ruling. As an alternate holding, we find these arguments unavailing. In any event, any error was harmless because the evidence of defendant's guilt of criminal trespass in the second degree was overwhelming.
Defendant's challenges to the People's summation are also unpreserved and we decline to review them in the interest of justice. As an alternative holding, we find that the challenged remarks constituted fair comment on the evidence in response to defense arguments (see People v. Overlee, 236 A.D.2d 133, 666 N.Y.S.2d 572 [1st Dept. 1997], lv denied 91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724 [1998] ; People v. D'Alessandro, 184 A.D.2d 114, 118–119, 591 N.Y.S.2d 1001 [1st Dept. 1992], lv denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993] ). In any event, any error was likewise harmless.