Argued
March 12, 2019
Superior
Court, Judicial District of New Britain, Keegan, J.
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[Copyrighted Material Omitted]
Page 13
S. Max
Simmons, assigned counsel, for the appellant (defendant).
Linda
F. Currie-Zeffiro, assistant states attorney, with whom, on
the brief, were Brian W. Preleski, states attorney, and
David Clifton, assistant states 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 defendants May 24, 2006 unnamed
felony conviction for the limited purpose of impeaching the
defendants 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 "hes trespassing and that
hes 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 clubs 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
...