THE PEOPLE &C., APPELLANT, v. JOSEPH FICARROTA, RESPONDENT.
91 N.Y.2d 244, 691 N.E.2d 1017, 668 N.Y.S.2d 993 (1997).
December 22, 1997
2 No. 251 (97 NY Int. 0233)
Decided December 22, 1997
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
_________________________________________________________________
Nicole Beder, for appellant.
Julia Pamela Heit, for respondent.
LEVINE, J.:
In the early hours of August 27, 1993, Aiman Badawi was discovered
lying in a remote, desolate location in Queens, semi-conscious and
covered in his own blood, the victim of multiple gunshot wounds. Among
his other injuries, Badawi suffered a head wound from a bullet that
entered his right temple, passed across both frontal lobes of his
brain and exited his left temple. This injury left Badawi with no
memory of the moments immediately preceding the shots, although he was
able to recall the pertinent events that occurred prior to that point.
Defendant Joseph Ficarrota and Angelo Boccadisi, who employed
defendant as his bodyguard, were jointly indicted for the attempted
murder and first degree assault of Badawi. Boccadisi absconded and the
case proceeded to joint trial, Boccadisi being tried in absentia.
At the trial, Badawi testified that, in 1992, he went into business
with a woman named Han Ye Yang (also known as "Mimi"), owning and
operating two booths at Caesar's Bay Bazaar in Queens where they sold
scarfs, handbags and other items. In July of the same year, after
Badawi had loaned Mimi $10,000 and before the loan was repaid,
Boccadisi (who is Mimi's ex-husband and the father of her child) and
defendant (who was introduced to Badawi as "Phil") came to see Badawi
at Caesar's Bay. Boccadisi informed Badawi that one of the booths had
been closed by "connections." Defendant then opened his suit jacket,
brandishing a gun. He grabbed Badawi by the collar, lifting him, and
threatened: "You better listen to Angelo because you have no idea what
is going to happen to you." Later the same day, Badawi discovered
threatening messages on his answering machine from Boccadisi, warning
SNIPPETS:
In the early hours of August 27, 1993, Aiman Badawi was discovered lying in a remote,
Defendant Joseph Ficarrota and Angelo Boccadisi, who employed defendant as his bodyguard,
At the trial, Badawi testified that, in 1992, he went into business with a woman named Han Ye
In July of the same year, after Badawi had loaned Mimi $10,000 and before the loan was
Later the same day, Badawi discovered threatening messages on his answering machine from
After a dispute arose over payment for the booths, Badawi removed approximately $13,000 worth
defendant went alone to see Badawi to return the sample merchandise and to finalize the
When Boccadisi stopped the car, Badawi, frightened by surroundings which he described as
The police then arranged for the recording of telephone conversations between Badawi and
defendant denied any participation in the crime and testified that he and Boccadisi were at
The Appellate Division reversed defendant's conviction, holding that there was no evidence in
A Judge of this Court granted the People leave to appeal, and we now reverse.
Specifically, we must decide whether the Appellate Division erred in concluding that no
It is well settled that "he standard for reviewing the legal sufficiency of evidence in a
This is the appropriate standard of review even when, as here, the evidence introduced
Badawi's testimony, if credited by the jury, readily supports the conclusion that Boccadisi
Thus, defendant's and Boccadisi's sudden, renewed interest in Badawi after the revival of
At the August 20, 1993 dinner meeting, defendant apologized to Badawi for his earlier threat
defendant's conduct at the crime scene immediately before the shooting abandoning his
|
