Fourth Department – Assault and imprisonment: People v. Heffernan

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Assault and imprisonment — Sufficiency of evidence — Access to crime scene

People v. Heffernan

KA 23-00046

Appealed from Onondaga County Court

Background: The defendant appealed from his conviction of criminal possession of a weapon, assault, unlawful imprisonment, criminal obstruction of breathing, and resisting arrest. The conviction arose out of an incident in which the defendant pushed and kicked a victim down a staircase, dragged her to the defendant’s basement apartment, threatened her with a knife, choked her, tied her up, and beat her with a chair.

Ruling: The Appellate Division affirmed. The court held that crime scene photographs sufficiently preserved the condition of the stairs such that crime scene access was not warranted. The court further held the evidence supported the conviction as the 82-year-old victim was bound by her wrists and ankles with wires, and pressed very hard between her jawbone and neck causing physical injuries, including subdural hematoma and a nose fracture. Additionally, photographs and testimony demonstrated that the defendant used a knife to threaten the victim. Similarly, testimony established that he choked the victim by placing his hand to cover her face and pressed very hard against her throat.

Philip Rothschild, of Frank H. Hiscock Legal Aid Society, for the defendant-appellant; Elisabeth Dannan, of the district attorney’s office, for the respondent.

Oral argument video