Opinion
451 KA 21-00098
07-08-2022
The PEOPLE of the State of New York, Respondent, v. Jerry SLAUGHTER, Defendant-Appellant.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (CHRISTINE M. COOK OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (CHRISTINE M. COOK OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, 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, one count each of sexual abuse in the first degree ( Penal Law § 130.65 [2] ) and forcible touching (§ 130.52 [1]), and three counts of sexual abuse in the second degree (§ 130.60 [2]). Defendant's conviction stems from his conduct toward two victims.
We reject defendant's contention that County Court erred in allowing expert testimony concerning child sexual abuse accommodation syndrome (CSAAS). Such testimony is admissible "for the purpose of explaining behavior that might be puzzling to a jury" ( People v. Spicola , 16 N.Y.3d 441, 465, 922 N.Y.S.2d 846, 947 N.E.2d 620 [2011], cert denied 565 U.S. 942, 132 S.Ct. 400, 181 L.Ed.2d 257 [2011] ; see People v. Nicholson , 26 N.Y.3d 813, 828, 28 N.Y.S.3d 663, 48 N.E.3d 944 [2016] ). The expert's testimony "educates the jury on a scientifically-recognized ‘pattern of secrecy, helplessness, entrapment [and] accommodation’ " experienced by child victims ( Nicholson , 26 N.Y.3d at 828, 28 N.Y.S.3d 663, 48 N.E.3d 944 ). The testimony must be "general in nature and ... not constitute an opinion that a particular alleged victim is credible or that the charged crimes in fact occurred" ( People v. Drake , 138 A.D.3d 1396, 1398, 31 N.Y.S.3d 328 [4th Dept. 2016], lv denied 28 N.Y.3d 929, 40 N.Y.S.3d 357, 63 N.E.3d 77 [2016] ; see People v. Diaz , 20 N.Y.3d 569, 575-576, 965 N.Y.S.2d 738, 988 N.E.2d 473 [2013] ; People v. Williams , 20 N.Y.3d 579, 584, 964 N.Y.S.2d 483, 987 N.E.2d 260 [2013] ), and we conclude that the expert here testified within those parameters. Although the expert also testified briefly regarding the general behavior of perpetrators, the court ultimately sustained defense counsel's objection thereto and granted defendant's request for a limiting instruction (cf. People v. Ruiz , 159 A.D.3d 1375, 1376-1377, 73 N.Y.S.3d 308 [4th Dept. 2018] ). Defendant's contention that the court should have struck that testimony is not preserved for our review inasmuch as defendant never asked for that relief (see generally People v. Wright , 38 A.D.3d 1232, 1233, 834 N.Y.S.2d 908 [4th Dept. 2007], lv denied 9 N.Y.3d 853, 840 N.Y.S.2d 780, 872 N.E.2d 893 [2007], reconsideration denied 9 N.Y.3d 884, 842 N.Y.S.2d 796, 874 N.E.2d 763 [2007] ). Contrary to defendant's further contention, the record here does not support that CSAAS is no longer generally accepted in the scientific community (see People v. Austen , 197 A.D.3d 861, 862, 153 N.Y.S.3d 247 [4th Dept. 2021], lv denied 37 N.Y.3d 1095, 156 N.Y.S.3d 773, 178 N.E.3d 420 [2021] ).
Defendant contends that the counts involving the first victim should have been severed for trial from the counts involving the second victim to avoid the danger that the jury would convict him based on propensity evidence. We conclude that the court did not abuse its discretion in denying that part of defendant's motion seeking to sever the counts. Defendant correctly conceded that the counts are joinable because they "are defined by the same or similar statutory provisions and consequently are the same or similar in law" ( CPL 200.20 [2] [c] ), and we conclude that he failed to show good cause for a discretionary severance under CPL 200.20 (3) (see People v. Keegan , 133 A.D.3d 1313, 1314, 20 N.Y.S.3d 796 [4th Dept. 2015], lv denied 27 N.Y.3d 1152, 39 N.Y.S.3d 386, 62 N.E.3d 126 [2016] ; People v. Rios , 107 A.D.3d 1379, 1380-1381, 966 N.Y.S.2d 626 [4th Dept. 2013], lv denied 22 N.Y.3d 1158, 984 N.Y.S.2d 642, 7 N.E.3d 1130 [2014] ; see generally People v. Mahboubian , 74 N.Y.2d 174, 183, 544 N.Y.S.2d 769, 543 N.E.2d 34 [1989] ). The counts "were not so numerous as to tempt the jury to view the evidence cumulatively and to convict defendant based on a perception that he was prone to commit the sort of offenses charged in the indictment" ( People v. Streitferdt , 169 A.D.2d 171, 176, 572 N.Y.S.2d 893 [1st Dept. 1991], lv denied 78 N.Y.2d 1015, 575 N.Y.S.2d 823, 581 N.E.2d 1069 [1991] ).
We reject defendant's contention that the verdict is against the weight of the evidence. " ‘Where, as here, witness credibility is of paramount importance to the determination of guilt or innocence, we must give great deference to the jury, given its opportunity to view the witnesses and observe their demeanor’ " ( People v. Barnes , 158 A.D.3d 1072, 1073, 70 N.Y.S.3d 679 [4th Dept. 2018], lv denied 31 N.Y.3d 1011, 78 N.Y.S.3d 281, 102 N.E.3d 1062 [2018] ). Contrary to defendant's contention, while there were some inconsistencies in the testimony of the victims, their testimony was not incredible as a matter of law (see People v. O'Neill , 169 A.D.3d 1515, 1515-1516, 93 N.Y.S.3d 501 [4th Dept. 2019] ; People v. Johnson , 153 A.D.3d 1606, 1607, 62 N.Y.S.3d 658 [4th Dept. 2017], lv denied 30 N.Y.3d 1020, 70 N.Y.S.3d 452, 93 N.E.3d 1216 [2017] ). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson , 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ), we conclude that, although a different verdict would not have been unreasonable, the jury did not fail to give the evidence the weight it should be accorded (see generally People v. Bleakley , 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ).
The sentence is not unduly harsh or severe. We have reviewed defendant's remaining contentions and conclude that they lack merit.