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People v. Agaro

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 2003
303 A.D.2d 518 (N.Y. App. Div. 2003)

Opinion

2001-03172

Submitted February 18, 2003.

March 10, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Perone, J.), rendered March 15, 2001, convicting him of aggravated harassment of an employee by an inmate, upon a jury verdict, and imposing sentence.

Mitchell I. Weingarden, White Plains, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.

Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

At the time of the incident, the defendant was an inmate in the Sing Sing correctional facility. In apparent retribution for a prior altercation with corrections officers, he threw a cup of urine and feces, striking two other corrections officers. For this act, the defendant was convicted of aggravated harassment of an employee by an inmate, pursuant to Penal Law 240.32.

Contrary to the defendant's contention, his proposed testimony as to prior altercations or his prior psychiatric condition, to support a justification defense, was properly precluded as irrelevant (see People v. Bedi, 299 A.D.2d 556; People v. Middleton, 288 A.D.2d 327). Even assuming that the defendant had been mistreated previously, he would not have been justified in his conduct, and thus his testimony about prior events would have been of no probative value. Thus, he was not impermissibly denied his right to testify in his own defense.

Furthermore, there is no support in the record for the defendant's contention that the court, sua sponte, should have ordered a competency exam pursuant to CPL 730.30 (see People v. Tortorici, 92 N.Y.2d 757, cert denied 528 U.S. 834).

The defendant's remaining contentions are meritless.

RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.


Summaries of

People v. Agaro

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 2003
303 A.D.2d 518 (N.Y. App. Div. 2003)
Case details for

People v. Agaro

Case Details

Full title:THE PEOPLE, ETC., respondent, v. KENITH AGARO, a/k/a KENITH A'GARD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 10, 2003

Citations

303 A.D.2d 518 (N.Y. App. Div. 2003)
756 N.Y.S.2d 444

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