Opinion
02-05-2015
The PEOPLE of the State of New York, Respondent, v. Jackie HODGE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Opinion Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered May 31, 2012, convicting defendant, after a jury trial, of bail jumping in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). Contrary to defendant's argument, the People were not required to establish any culpable mental state (see People v. Thomas, 287 A.D.2d 324, 731 N.Y.S.2d 372 [1st Dept.2001], lv. denied 97 N.Y.2d 709, 739 N.Y.S.2d 110, 765 N.E.2d 313 [2002] ; see also People v. Eiffel, 81 N.Y.2d 480, 483, 600 N.Y.S.2d 437, 616 N.E.2d 1099 [1993] ). Accordingly, the court properly charged the jury on the elements of bail jumping in the second degree without specifying any required mental state, tracking the applicable section of the Criminal Jury Instructions (see Penal Law § 215.56 ; see also People v. Diaz, 105 A.D.3d 652, 963 N.Y.S.2d 580 [1st Dept.2013], lv. denied 21 N.Y.3d 1015, 971 N.Y.S.2d 497, 994 N.E.2d 393 [2013] ). Insofar as People v. Simpkins, 174 A.D.2d 341, 571 N.Y.S.2d 1 [1st Dept 1991], lv. denied 78 N.Y.2d 1015, 575 N.Y.S.2d 822, 581 N.E.2d 1068 is to the contrary, it should not be followed.
ACOSTA, J.P., RENWICK, FEINMAN, CLARK, KAPNICK, JJ., concur.