Argued
March 18, 2019
Appeal
from the Superior Court, Judicial District of New Haven, Jon
M. Alander, J.
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Shanna
P. Hugle, with whom was James B. Streeto, senior assistant
public defender, for the appellant (defendant).
Sarah
Hanna, assistant states attorney, with whom, on the brief,
were Patrick J. Griffin, states attorney, and John M.
Waddock, former supervisory assistant states attorney, for
the appellee (state).
Keller,
Bright and Flynn, Js.
OPINION
FLYNN,
J.
[190
Conn.App. 796] The defendant, Matthew M. Pugh, appeals from
the judgment of conviction, rendered following a jury trial,
of robbery in the first degree in violation of General
Statutes § 53a-134 (a) (2), assault in the first degree in
violation of General Statutes § 53a-59 (a) (5), and carrying
a pistol or revolver without a permit in violation of General
Statutes § 29-35 (a). On appeal, the [190 Conn.App. 797]
defendant claims that (1) the evidence was insufficient to
support his conviction on each of these charges, (2) the
trial court improperly denied his motion to dismiss in which
he contended that his right to due process was violated by a
preaccusation delay, and (3) the court abused its discretion
in giving any consciousness of guilt instruction and
committed plain error in giving the actual instruction in
this case. We disagree with the first claim and conclude that
the evidence sufficed to permit a reasonable jury to find the
defendant guilty of all charges. We further conclude that the
defendant has failed to show the requisite actual,
substantial prejudice to establish a due process violation
resulting from the preaccusation delay. Finally, the court
did not err by giving a consciousness of guilt instruction
because such an instruction is permissible under our law and
the evidence supported the giving of such an instruction in
this case. We affirm the judgment of the trial court.
The
jury was presented with the following evidence upon which to
base its verdict. On August 21, 2008, at approximately 8
p.m., while Tatiana Grigorenko was walking on Edwards Street
near the corner of Nicoll Street in New Haven, she
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noticed the defendant acting in a strange manner. On her
right shoulder, Grigorenko had a shoulder bag, which
contained her wallet, cash, credit cards, cell phone, keys,
and other personal items. She felt someone tug on her
shoulder bag. The defendant "swerved" in front of
Grigorenko, pointed a gun at her, and told her several times
to give him the bag. The defendant shot Grigorenko, striking
her right thumb. Grigorenko released her bag, and the
defendant ran down Nicoll Street carrying the bag.
Grigorenko, who was in pain, began screaming. Grigorenko was
not able to identify the defendant, but described her
assailant as a black male, with a medium complexion, who was
wearing a do-rag on his head and was "slightly"
taller than her height of five feet, four and one-half
inches, [190 Conn.App. 798] in addition to some added height
as a result of her wearing "a little bit of heels
...."
At
approximately 8 p.m. that same evening, while Stephanie
Aquila was inside her house, which was located on the corner
of Lawrence and Nicoll Streets in New Haven, she heard what
she initially thought to be fireworks followed by screaming
coming from the direction of Edwards Street. She looked out
the window and saw a young, black, medium complexioned male,
approximately five feet six inches tall, who was wearing dark
loose fitting clothing and either a black baseball cap or a
do-rag. The man was carrying a purse under his right arm and
running down Nicoll Street from the direction of Edwards
Street toward Lawrence Street. Aquila was unable to identify
the runner from a photographic array that she was later shown
by the police.
At
approximately 8 p.m. on that same evening, Kristine Mingo was
in the passenger seat of a vehicle that was traveling on
Nicoll Street. Mingos vehicle stopped at the corner of
Nicoll Street and Lawrence Street, and she saw a man carrying
a womans handbag in his right hand, running on Nicoll Street
toward her vehicle from the direction of Edwards Street.
Mingo saw the man run past her vehicle and then turn onto
Lawrence Street. Mingos vehicle followed the man as he
headed down Lawrence Street in the direction of Foster
Street. Mingo described the individual as a young, medium
complexioned black male between five feet five, and five feet
seven inches tall, who was wearing a loose dark shirt, baggy
pants, and a do-rag on his head. While Mingos vehicle was
stopped at the intersection of Lawrence and Foster Streets,
the man "brushed against the front of the car" and
Mingo got a good look at him when they "locked eyes and
looked right at each other." On August 29, 2008, a
detective with the New Haven Police Department showed Mingo a
photographic array from [190 Conn.App. 799] which she
identified the defendant as the man she had observed on the
night of August 21, 2008.
On
August 23, 2008, one of Grigorenkos stolen credit cards was
used at Shaws Supermarket, and other transactions involving
the credit cards were declined at the Burlington Coat
Factory. From a surveillance video at Shaws Supermarket,
police identified Latricia Black as the individual who used
the stolen credit card. Black testified that on August 23,
2008, a man named "Matt" drove her, Joann Anderson,
and another woman,[1] to Shaws Supermarket where Black
purchased items with the stolen credit card that Anderson had
given
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to her. Black identified the defendant, both in and out of
court, as the man named "Matt" who was driving the
car. Black testified that only she, Anderson, and Blacks
child went inside Shaws, and that all the individuals in the
car went into the Burlington Coat Factory. Black testified
that the group proceeded to Burlington Coat Factory, where a
...