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State v. Tarasiuk

Appellate Court of Connecticut

August 27, 2019

STATE of Connecticut
v.
Jacek TARASIUK

         Argued March 12, 2019

         Superior Court, Judicial District of New Britain, Keegan, J.

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[Copyrighted Material Omitted]

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          S. Max Simmons, assigned counsel, for the appellant (defendant).

         Linda F. Currie-Zeffiro, assistant state’s attorney, with whom, on the brief, were Brian W. Preleski, state’s attorney, and David Clifton, assistant state’s attorney, for the appellee (state).

         Alvord, Prescott and Eveleigh, Js.

          OPINION

         ALVORD, J.

         [192 Conn.App. 208] The defendant, Jacek Tarasiuk, appeals from the judgment of conviction, rendered following a jury trial, of one count of assault of public safety personnel in violation of General Statutes § 53a-167c (a) (1) and one count of criminal trespass in the first degree in violation of

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General Statutes § 53a-107 (a) (1).[1] On appeal, the defendant claims that the trial court abused its discretion by admitting into evidence the defendant’s May 24, 2006 unnamed felony conviction for the limited purpose of impeaching the defendant’s credibility. We affirm the judgment of the trial court.

          The jury reasonably could have found the following facts. On August 8, 2016, the defendant had been drinking alcohol in the parking lot of the Pulaski Democratic Club (club), a social, members only club. Raymond [192 Conn.App. 209] Szajkowski, the president of the club, confronted the defendant and told him that "he’s trespassing and that he’s not wanted on the property."

         On September 22, 2016, the day at issue in this case, the defendant was unemployed and residing at the Friendship Center, a shelter in the City of New Britain. The defendant met his friend, Skawinski,[2] and the two began drinking between 8 and 8:30 a.m.[3] The two had spent the entire day drinking together, splitting a half gallon of vodka. By 5 or 6 p.m., the two had finished drinking the vodka and had ventured out to purchase more alcohol. The two walked down Grove Street and, eventually, arrived in front of the club. Posted on club property were "no trespassing" signs, written in both English and Polish.[4]

          Once in front of the club, the defendant made a "bee-line" toward Szajkowski as he exited his vehicle in the club parking lot. The defendant first asked Szajkowski why he was "harassing [him] and not allowing him to be on the property ...." Szajkowski informed the defendant that he was not welcome on the club’s property and asked him to leave. The defendant appeared drunk to Szajkowski. The defendant, however, stated that he had engaged Szajkowski after "[Szajkowski] tried [to] drive over [him] in the parking lot." The defendant called the police to report the incident and awaited their arrival. After waiting some time, Szajkowski also contacted the police to verify whether the defendant had indeed made a complaint. Szajkowski was told that the defendant had made a complaint and that officers were on the way.

         [192 Conn.App. 210] Two members of the New Britain Police Department, Officers Jakub Lonczak and Coleman,[5] responded to the reported disturbance fifteen to twenty minutes later. The defendant was in the club parking lot when the officers arrived. Officer Lonczak observed the defendant to be intoxicated. The defendant gave his account to Officer ...


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