PEOPLE v. MENDES (2026)

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Alexandra L. Mitter of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (T. Charles Won of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Colleen D. Duffy, J., at CPL 190.50 motion;  Judith Lieb, J., at trial and sentencing), rendered January 23, 2017, convicting defendant of manslaughter in the first degree, and sentencing him to a term of 23 years, unanimously affirmed.

Defendant was not denied his right to counsel between his arrest and the arraignment on the felony complaint (see Hurrell–Harring v. State of New York, 15 NY3d 8, 20 [2010];  People v. Claudio, 83 N.Y.2d 76, 80–81 [1993] ).  While defendant argues that the failure to assign counsel sooner deprived him of an opportunity to consult with counsel about testifying in the Grand Jury proceedings, because he had not yet been arraigned on the felony complaint, “he was not entitled to notice of the Grand Jury proceeding” (People v. Jones, 281 A.D.2d 185, 185 [1st Dept 2001], lv denied 96 N.Y.2d 831 [2001];  CPL 190.50[5][a];  see People v. Cade, 203 AD3d 1221, 1224 [3d Dept 2022] ).

The court properly denied defendant's Batson challenge (Batson v. Kentucky, 476 U.S. 79 [1986] ).  Defendant did not show that the group against which the prosecutor allegedly discriminated qualified as a cognizable group under Batson (see People v. DeLeon, 213 AD3d 438, 439 [1st Dept 2023], lv denied 39 NY3d 1141 [2023];  People v. Falkenstein, 288 A.D.2d 922, 922 [4th Dept 2001], lv denied 97 N.Y.2d 704 [2002];  see also City of Cleburne, Texas v Cleburne Living Ctr., 473 U.S. 432, 446 [1985] ).

The verdict was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348–349 [2007];  see also People v. Basque, 43 NY3d 26 [2024] ).  Initially, we find no basis to disturb the jury's credibility determinations.  The jury was “entitled to infer” that defendant, who stabbed the victim 35 times, “intended” to kill the victim based on the “natural and probable consequences of his acts” (People v. Barboni, 21 NY3d 393, 405 [2013];  People v. Anonymous, 154 AD3d 586, 586 [1st Dept 2017], lv denied 30 NY3d 1058 [2017] ).  Additionally, defendant repeatedly stated his intent to kill the victim as he stabbed her.  The jury also had ample basis to conclude that defendant's intoxication and his failure to take prescribed medication did not negate his intent (see People v. Bello, 199 AD3d 532, 534 [1st Dept 2021], lv denied 38 NY3d 925 [2022];  People v. Inesti, 95 AD3d 690, 691 [1st Dept 2012], lv denied 19 NY3d 1026 [2012] ).