State v. Leveille

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State v. Leveille

STATE OF CONNECTICUT v. MICHAEL LEVEILLE
(AC 47241)
Alvord, Elgo and Cradle, Js.*

Syllabus

Convicted, following a jury trial, of assault in the first degree, the defendant
appealed. The defendant, who had a confrontation with M in a brewery and
repeatedly stabbed M in the head and face with a broken beer glass, claimed,
inter alia, that the evidence was insufficient to support his conviction. Held:

The evidence provided a sufficient basis from which the jury reasonably
could have inferred that the defendant acted with the specific intent to
cause M serious physical injury, as surveillance video depicted the defen-
dant’s attack on M, and the defendant testified that he knew the glass could
pose a danger to M and that what he was doing could seriously injure M.

Testimony from a paramedic and a physician who treated M provided ample
evidence from which the jury reasonably could have concluded that the
defendant caused M serious physical injury, either in the form of serious
disfigurement or a serious loss or impairment of the function of M’s skin
and left ear, which hung from his face as a result of the defendant’s attack.

The defendant’s contention that the state failed to disprove his claim of
self-defense was unavailing, as none of the evidence, including surveillance
video of the incident, supported his assertion that M had threatened to use
physical force against the defendant, a text message the defendant sent to
his date that evening after the stabbing supported the reasonable inference
that the defendant did not believe he had acted in self-defense, and the jury
reasonably could have concluded that the defendant’s belief that he used
the degree of physical force necessary to defend himself was not objectively
reasonable in light of his testimony that he had no reason to believe that
M possessed a weapon and that he continued attacking M with the glass
even as he saw that M was not trying to defend himself.

Contrary to the defendant’s contention, the trial court’s jury instruction on
serious physical injury was not constitutionally deficient because it included
the statutory (§ 53a-3 (4)) definition of only one type of serious physical
injury or because it failed to include his proposed definitions of certain
terms, as the instruction was correct in law, adapted to the issues in the
case and sufficient for the guidance of the jury.

The prosecutor’s closing arguments to the jury were not improper and, thus,
did not violate the defendant’s due process right to a fair trial, as the

* The listing of judges reflects their seniority status on this court as of
the date of oral argument.
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State v. Leveille
prosecutor’s contentions that the defendant intended to kill M and had
testified falsely and fabricated evidence were properly rooted in the evidence
and the reasonable inferences drawn therefrom.
Argued February 3—officially released May 20, 2025

Procedural History

Substitute information charging the defendant with
the crime of assault in the first degree, brought to the
Superior Court in the judicial district of New Britain
and tried to the jury before Pelosi, J.; verdict of guilty;
thereafter, the court denied the defendant’s motion for
a new trial and rendered judgment in accordance with
the verdict, from which the defendant appealed to this
court. Affirmed.
Michael A. Fitzpatrick, for the appellant (defendant).
Danielle Koch, assistant state’s attorney, with whom,
on the brief, were Christian M. Watson, state’s attorney,
David Clifton, senior assistant state’s attorney, and Jus-
tin Blain, supervisory assistant state’s attorney, for the
appellee (state).
Opinion

CRADLE, J. The defendant, Michael Leveille, appeals
from the judgment of conviction, rendered following a
jury trial, of one count of assault in the first degree in
violation of General Statutes § 53a-59 (a) (1). On appeal,
the defendant claims that (1) the evidence was insuffi-
cient to support his conviction, (2) the trial court’s final
instruction to the jury was constitutionally deficient,
and (3) prosecutorial impropriety during closing argu-
ment deprived him of his due process right to a fair
trial. We affirm the judgment of the trial court.
The jury reasonably could have found the following
facts. On August 16, 2019, the defendant and Katherine
Woodward, a woman he had been communicating with
over the dating app Tinder, met to go running together
and then went for a beer at a brewery in New Britain.
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Approximately one hour later, Woodward’s former boy-
friend, Darl Eugene Miller (victim), arrived at the brew-
ery to confront Woodward.1 The victim approached the
table where Woodward and the defendant were sitting
and engaged in an ‘‘[un]pleasant’’ conversation using
‘‘some expletives.’’ At some point during the encounter,
the victim said to Woodward and the defendant, ‘‘you’re
fucked.’’ Although the victim was ‘‘upset’’ and ‘‘ani-
mated,’’ he was not yelling and did not threaten Wood-
ward or the defendant.
The victim eventually walked away from the table
and toward the bar, at which point Woodward said to
the defendant, ‘‘we should go.’’ The defendant finished
his glass of beer and followed Woodward toward the
exit with the empty glass in hand. As the defendant
walked by the victim, who was still standing at the bar,
the victim turned and began to follow the defendant
while saying ‘‘more un-nice things’’ to him. Before
reaching the exit, the defendant turned around and
struck the victim in the face with the empty beer glass,
causing the glass to shatter. As the defendant continued
to strike the victim’s head and face with the broken beer
glass, the victim tripped over nearby chairs, causing
him and the defendant to fall to the ground. Once on
the ground, the defendant continued to stab the victim’s
head and face with the remnant of the broken glass
even though the victim ‘‘[was not] even try[ing] to
defend himself . . . .’’ Several bystanders, who were
concerned for the victim’s safety, attempted to restrain
the defendant. After a brief struggle, they managed to
separate the defendant from the victim approximately
twenty seconds after the attack began.
Within minutes, officers from the New Britain Police
Department and Hannah Stewart, a paramedic, responded
Woodward had told the victim that she was going for a run at an area
1

reservoir. The victim, who believed that he and Woodward were still in a
romantic relationship and suspected that Woodward was lying, drove to
various bars until he found her.
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State v. Leveille

to the brewery. Upon her arrival, Stewart noticed that
the victim ‘‘was bleeding everywhere’’ and observed
lacerations to his chin, forehead, and cheeks as well
as ‘‘an avulsed ear,’’ meaning that ‘‘[t]he top half [of his
ear] . . . was no longer connected to his face.’’ Stewart
classified the victim as a ‘‘level 1 trauma’’ and trans-
ported him to Saint Francis Hospital and Medical Center
in Hartford, where emergency department physicians
treated him for his injuries. There was a four centimeter
laceration to the victim’s left ear that required fifteen
sutures to close, and an eight centimeter laceration to
his chin that required thirteen sutures to close.2 The
victim also required a total of six staples to close two
lacerations to his scalp, each measuring three centime-
ters in length, which were contaminated with small
particles of glass. Although emergency department phy-
sicians were able to remove most of the glass by irrigat-
ing the wounds, they were unable to remove all the
glass particles from the victim’s scalp before closing
the lacerations.3
After a brief investigation, police officers arrested
the defendant the following morning. The defendant
subsequently was charged with one count of assault in
the first degree in violation of § 53a-59 (a) (1).4 Follow-
ing a jury trial over four days in September, 2023, the
2
While recovering from his injuries, the victim had to return to the hospital
twice to have the laceration to his chin ‘‘reclosed’’ because the sutures had
‘‘bust[ed] open.’’
3
The remaining particles of glass were expelled from the victim’s body
naturally during the healing process. Specifically, the victim was ‘‘pick[ing]
out’’ particles of glass from his scalp ‘‘for the better part of two years’’ after
the assault.
4
On September 1, 2023, the state filed a long form information charging
the defendant with one count of assault in the first degree in violation of
§ 53a-59 (a) (1), alleging that the defendant, ‘‘intending to cause serious
physical injury to another person did cause such injury to such person by
means of a dangerous instrument, to wit: [the defendant] intended to cause
serious physical injury to [the victim] and did cause serious physical injury
to [the victim] by striking and stabbing [the victim] with a beer glass.’’
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defendant was found guilty. On December 11, 2023, the
court, Pelosi, J., sentenced the defendant to twenty
years of incarceration, execution suspended after seven
and one-half years, five years of which was a mandatory
minimum, followed by five years of probation. This
appeal followed. Additional facts and procedural his-
tory will be set forth as necessary.
I
The defendant first claims that the evidence was
insufficient (1) to prove that he intended to cause the
victim serious physical injury, (2) to prove that he
caused the victim serious physical injury, and (3) to
disprove his claimed justification of self-defense.
Section 53a-59 (a) provides in relevant part: ‘‘A person
is guilty of assault in the first degree when . . . (1)
[w]ith intent to cause serious physical injury to another
person, he causes such injury to such person . . . by
means of . . . a dangerous instrument . . . .’’5 ‘‘In
reviewing the sufficiency of the evidence to support a
criminal conviction we apply a [two part] test. First,
we construe the evidence in the light most favorable
to sustaining the verdict. Second, we determine whether
upon the facts so construed and the inferences reason-
ably drawn therefrom the [jury] reasonably could have
concluded that the cumulative force of the evidence
established guilt beyond a reasonable doubt. . . . In
particular, before this court may overturn a jury verdict
for insufficient evidence, it must conclude that no rea-
sonable jury could arrive at the conclusion the jury did.
. . . Although the jury must find every element proven
beyond a reasonable doubt in order to find the defen-
dant guilty of the charged offense . . . each of the
basic and inferred facts underlying those conclusions
5
The defendant does not challenge the sufficiency of the evidence as to
the ‘‘dangerous instrument’’ element of § 53a-59 (a) (1).
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State v. Leveille

need not be proved beyond a reasonable doubt.’’ (Cita-
tion omitted; internal quotation marks omitted.) State
v. Charles L., 217 Conn. App. 380, 386, 288 A.3d 664,
cert. denied, 346 Conn. 920, 291 A.3d 607 (2023). ‘‘The
standard of review governing a challenge to the suffi-
ciency of the evidence to defeat a claim of self-defense
. . . is the same [as the] standard used when examining
claims of insufficiency of the evidence.’’ (Internal quota-
tion marks omitted.) State v. Johnson, 351 Conn. 53,
62–63, 328 A.3d 143 (2025). With these principles in
mind, we address each of the defendant’s claims in turn.
A
The defendant first argues that there was insufficient
evidence to establish that he intended to cause the
victim serious physical injury. Specifically, he argues
that ‘‘[t]he state presented no direct evidence’’ on the
issue of intent and ‘‘the circumstantial evidence [pre-
sented] by the state was unconvincing.’’ We are not
persuaded.
‘‘Assault in the first degree is a specific intent crime.
. . . It requires that the criminal actor possess the spe-
cific intent to cause [serious] physical injury to another
person.’’6 (Internal quotation marks omitted.) State v.
Pagan, 158 Conn. App. 620, 627 n.6, 119 A.3d 1259, cert.
denied, 319 Conn. 909, 123 A.3d 438 (2015). ‘‘We have
long recognized that direct evidence of the accused’s
state of mind is rarely available. . . . Therefore, intent
is often inferred from conduct . . . and from the cumu-
lative effect of the circumstantial evidence and the
rational inferences drawn therefrom.’’ (Internal quota-
tion marks omitted.) Id., 627. ‘‘Intent may be gleaned
from circumstantial evidence such as the type of
6
As defined in General Statutes § 53a-3 (11), ‘‘[a] person acts ‘intentionally’
with respect to a result or to conduct described by a statute defining an
offense when his conscious objective is to cause such result or to engage
in such conduct . . . .’’
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State v. Leveille

weapon used, [and] the manner in which it was used
. . . . Furthermore, it is a permissible, albeit not a nec-
essary or mandatory, inference that a defendant
intended the natural consequences of his voluntary con-
duct.’’ (Internal quotation marks omitted.) State v. San-
tiago, 206 Conn. App. 390, 402–403, 260 A.3d 585, cert.
denied, 339 Conn. 918, 262 A.3d 138 (2021). ‘‘Intent is
a question of fact, the determination of which should
stand unless the conclusion drawn by the trier is an
unreasonable one.’’ (Internal quotation marks omitted.)
Id., 402.

On the basis of the evidence presented and the rea-
sonable inferences that could be drawn therefrom, the
jury reasonably could have found that the defendant
intended to cause the victim serious physical injury
when he struck him with a beer glass and used the
broken glass to repeatedly stab the victim in the head
and face. The jury was shown surveillance video of the
assault captured by the security cameras at the brewery.
The video shows the defendant bringing his empty beer
glass with him as he gets up from his table and walks
toward the exit. As the victim begins to follow him, the
defendant stops, turns around to face victim, and strikes
him in the face with the beer glass. The video then
shows the defendant repeatedly stabbing the victim’s
head and face with the broken glass. The video further
corroborates witness testimony that the victim, after
falling to the ground, was covering his face while being
repeatedly struck by the defendant. At trial, the defen-
dant acknowledged that he knew at the time of the
assault that the beer glass ‘‘could [pose] a danger’’ and
that he was ‘‘aware that what [he was] doing [could]
seriously injur[e] [the victim].’’ The defendant further
testified that he was ‘‘aiming specifically for the top of
[the victim’s] head’’ because ‘‘[i]t’s the hardest part’’
and ‘‘bleeds a lot.’’ Viewed cumulatively, this evidence
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provided a sufficient basis from which the jury reason-
ably could have inferred that the defendant acted with
the specific intent to cause the victim serious physi-
cal injury.7
B
The defendant next claims that there was insufficient
evidence to establish that he caused the victim serious
physical injury. We disagree.
As defined in General Statutes § 53a-3 (4), a serious
physical injury is a ‘‘physical injury8 which creates a
substantial risk of death, or which causes serious disfig-
urement, serious impairment of health or serious loss or
impairment of the function of any bodily organ . . . .’’9
(Footnote added.) ‘‘[T]he term serious physical injury
does not require that the injury be permanent [and] a
victim’s complete recovery is of no consequence
. . . .’’ (Internal quotation marks omitted.) State v.
Morlo M., 206 Conn. App. 660, 671, 261 A.3d 68, cert.
denied, 339 Conn. 910, 261 A.3d 745 (2021). ‘‘Whether
7
In support of his claim, the defendant argues that his own testimony at
trial provided ‘‘direct evidence’’ that he lacked the intent to seriously injure
the victim. To the contrary, as noted herein, the defendant testified that he
was aware that his conduct could seriously injure the victim and that he
intentionally targeted the top of the victim’s head because it ‘‘bleeds a lot.’’
Moreover, it is well established that ‘‘[t]he [jury is] not bound to accept as
true the defendant’s claim of lack of intent or his explanation of why he
lacked intent.’’ (Internal quotation marks omitted.) State v. Santiago, supra,
206 Conn. App. 402. ‘‘[I]t is axiomatic that this court does not assess the
credibility of witnesses, and we decline the defendant’s invitation to do so
here.’’ (Internal quotation marks omitted.) State v. Miller, 229 Conn. App.
435, 443 n.5, 327 A.3d 448 (2024), cert. denied, 351 Conn. 909, 330 A.3d
880 (2025).
8
As defined in General Statutes § 53a-3 (3), ‘‘ ‘[p]hysical injury’ means
impairment of physical condition or pain . . . .’’
9
We note, however, that, to find the defendant guilty of assault in the
first degree, ‘‘[t]he jurors had only to determine . . . whether the victim
suffered a serious physical injury; they did not have to agree on which type
of [serious physical] injury.’’ State v. Wynter, 19 Conn. App. 654, 666, 564
A.2d 296, cert. denied, 213 Conn. 802, 567 A.2d 834 (1989).
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State v. Leveille

an injury constitutes a serious physical injury . . . is
a fact intensive inquiry and, therefore, is a question for
the jury to determine. . . . [Despite] the difficulty of
drawing a precise line as to where physical injury leaves
off and serious physical injury begins . . . we remain
mindful that [w]e do not sit as a [seventh] juror who
may cast a vote against the verdict based upon our
feeling that some doubt of guilt is shown by the cold
printed record . . . and that we must construe the evi-
dence in the light most favorable to sustaining the ver-
dict.’’ (Citation omitted; internal quotation marks omit-
ted.) Id., 670.
Here, the victim sustained four lacerations to his head
and face that required twenty-eight sutures and six sta-
ples to close. The jury heard testimony from Justus
Guerrieri, the emergency department physician who
treated the victim, regarding the important functions
of the skin: ‘‘[Y]our skin is a barrier against infection
. . . . The skin is, well, it’s the largest organ in your
body, and it has a few important roles, I mean . . .
none of us can survive without skin. It protects us from
trauma, from infection, from bacteria entering your
body.’’ The jury also heard ample witness testimony
regarding how the victim’s injuries seriously impaired
those functions. Guerrieri explained that the victim’s
scalp lacerations presented a risk of infection because
they were ‘‘large’’ wounds ‘‘contaminated’’ with ‘‘pre-
sumed foreign bodies.’’ The victim testified that the
particles of glass embedded in his skull from those
injuries continued to emerge from his skin ‘‘for the
better part of two years’’ after the assault. Guerrieri
further testified that there was an increased risk of
infection associated with the victim’s chin laceration
because ‘‘[i]t was a gaping, relatively large wound.’’ Due
to the location of that laceration, the wound reopened
twice during the recovery process because ‘‘every time
[the victim] turned or tried to eat or did anything, it
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would pull the scab.’’ In addition, Guerrieri testified that
the victim’s ear laceration was susceptible to infection
because ‘‘[the] ear is made of cartilage, which is a slow
healing tissue’’ and ‘‘has less blood flow and less repara-
tive capabilities . . . than normal tissue.’’ Moreover,
Guerrieri explained to the jury that the ear itself is an
organ. Stewart testified that, when she arrived at the
brewery, the victim’s ear was ‘‘mostly coming off . . . .
Basically, his ear was hanging on by the bottom half.
The top half was not connected to the rest of [his] face.’’
She had to wrap bandages around the victim’s head
‘‘[s]o his ear didn’t fall off any more.’’ Stewart’s testi-
mony was corroborated by Guerrieri, who stated that
‘‘the [victim’s ear] laceration . . . did nearly lacerate
through the entire structure,’’ and, as a result, ‘‘[t]he
structure . . . [of] his ear was compromised . . . .’’
On the basis of the foregoing testimony, we conclude
that there was sufficient evidence from which the jury
reasonably could have found that the defendant caused
the victim physical injuries that caused the serious loss
or impairment of the function of a bodily organ, specifi-
cally, his skin and ear.
In addition, much of the previously discussed testi-
mony provided a foundation for a conclusion that the
same injuries also caused serious disfigurement. ‘‘ ‘Seri-
ous disfigurement’ is an impairment of or injury to the
beauty, symmetry or appearance of a person of a magni-
tude that substantially detracts from the person’s
appearance from the perspective of an objective observer.
In assessing whether an impairment or injury consti-
tutes serious disfigurement, factors that may be consid-
ered include the duration of the disfigurement, as well
as its location, size, and overall appearance. Serious
disfigurement does not necessarily have to be perma-
nent or in a location that is readily visible to others.
The jury is not bound by any strict formula in weighing
these factors, as a highly prominent scar in a less visible
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State v. Leveille

location may constitute serious disfigurement, just as a
less prominent scar in a more visible location, especially
one’s face, may constitute serious disfigurement.’’
(Footnote omitted.) State v. Petion, 332 Conn. 472, 491–
92, 211 A.3d 991 (2019); see also id., 480, 494–95 (one
and one-half inch scar on victim’s forearm that was
‘‘not . . . in a prominent location’’ and ‘‘otherwise
unremarkable in its general appearance’’ did not consti-
tute serious disfigurement); State v. Morlo M., supra,
206 Conn. App. 672 (visible bruising on victim’s body
and ‘‘noticeable injuries’’ to head and face constituted
serious disfigurement); State v. Lewis, 146 Conn. App.
589, 607–608, 79 A.3d 102 (2013) (forehead laceration,
facial fractures, and chipped teeth constituted serious
disfigurement), cert. denied, 311 Conn. 904, 83 A.3d 605
(2014); State v. Nelson, 118 Conn. App. 831, 850, 986 A.2d
311 (scarring on victim’s face and abdomen constituted
serious disfigurement), cert. denied, 295 Conn. 911, 989
A.2d 1074 (2010); State v. Hayward, 116 Conn. App. 511,
516, 976 A.2d 791 (scarring on victim’s nose constituted
serious disfigurement), cert. denied, 293 Conn. 934, 981
A.2d 1077 (2009).
Here, Guerrieri testified that there was a ‘‘reasonable
degree of medical certainty’’ that scarring would result
from the victim’s chin, ear, and scalp lacerations, noting
that the ear laceration in particular posed ‘‘an increased
risk of scarring’’ because ‘‘any cartilage structure heals
so slowly . . . .’’ The victim’s testimony confirmed that
his injuries resulted in scarring on his jaw, his ear, and
the top of his head. In addition, Guerrieri testified that,
when the victim arrived at the emergency department,
his ear ‘‘was deformed from the laceration,’’ and the
victim confirmed at trial that the injury resulted in a
‘‘permanent deformity’’ to his ear. Specifically, the vic-
tim testified: ‘‘There’s a notch missing and the ear loop
is funny, and . . . [t]he center part of my ear has a
knot on it and a gash.’’ At trial, the victim stepped down
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State v. Leveille

from the witness stand and showed the jury the ‘‘piece
missing’’ from his ear. Under the factors set forth in
Petion, we cannot conclude that there was insufficient
evidence from which the jury could find that the victim’s
cumulative injuries caused serious disfigurement.10
Accordingly, we conclude, on the basis of the cumula-
tive effect of the evidence, that the state produced
ample evidence from which the jury reasonably could
have concluded that the defendant caused the victim
serious physical injury, either in the form of serious
disfigurement or serious loss or impairment of the func-
tion of any bodily organ.
C
The defendant further argues that the state presented
insufficient evidence to disprove his claim of self-
defense as a justification for his use of physical force, as
10
The defendant’s arguments to the contrary are not convincing. Specifi-
cally, he argues that, because the victim ‘‘never described the scars or
exposed them from under his hair and beard, the jury had no evidence of
their characteristics . . . which the jury would need before it could find
that the disfigurements, assuming their existence, were ‘serious.’ ’’ He further
argues that the victim’s ear deformity did not constitute serious disfigure-
ment because it is ‘‘so inconsequential that no objective observer could
reasonably conclude that it altered, let alone substantially detracted from,
[the victim’s] appearance.’’
We reiterate, however, that our Supreme Court in Petion held that ‘‘[s]eri-
ous disfigurement does not necessarily have to be . . . in a location that
is readily visible to others.’’ State v. Petion, supra, 332 Conn. 491. Here, the
victim testified that he had scarring on his scalp, jaw, and ear. He further
testified that his scalp scars would be visible if he were to shave his head,
and the record indicates that the victim did show the jury the scarring on
his ear. Moreover, the defendant’s arguments address only whether the
victim’s injuries at the time of trial were sufficient to support the jury’s
finding of serious physical injury. ‘‘[I]n assessing the seriousness of the
disfigurement, the jury was not limited to considering the injury in its final,
fully healed state.’’ Id., 497. During the defendant’s trial, which took place
four years after the date of the assault, the jury was shown three photographs
of the victim’s injuries as they appeared immediately after the assault. Those
photographs, along with the ample witness testimony describing the victim’s
injuries prior to their fully healed state, provided a sufficient basis from
which the jury reasonably could have found that the victim’s injuries caused
serious disfigurement.
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State v. Leveille

set forth in General Statutes § 53a-19 (a).11 We disagree.
Section 53a-19 (a) provides in relevant part that ‘‘a
person is justified in using reasonable physical force
upon another person to defend himself . . . from what
he reasonably believes to be the use or imminent use
of physical force, and he may use such degree of force
which he reasonably believes to be necessary for such
purpose; except that deadly physical force may not be
used unless the actor reasonably believes that such
other person is (1) using or about to use deadly physical
force, or (2) inflicting or about to inflict great bodily
harm.’’12 ‘‘[T]he test a jury must apply . . . is a subjec-
tive-objective one. The jury must view the situation
from the perspective of the defendant . . . [but] . . .
the defendant’s belief ultimately must be found to be
reasonable.’’ (Internal quotation marks omitted.) State
v. Hughes, 341 Conn. 387, 398–99, 267 A.3d 81 (2021).
‘‘Self-defense is a defense, but not an affirmative
defense, which means that the defendant only has a
burden of production and does not have a burden of
persuasion; once the defendant introduces sufficient
evidence to warrant presenting his claim of self-defense
to the jury, it is the state’s burden to disprove the
defense beyond a reasonable doubt.’’ State v. Magaraci,
198 Conn. App. 305, 312, 232 A.3d 1220 (2020), cert.
denied, 345 Conn. 916, 284 A.3d 299 (2022). ‘‘Whether
11
In its final instructions to the jury, the court, pursuant to defense coun-
sel’s request and over the state’s objection, set forth the elements of self-
defense and instructed the jury that, if it were to find the defendant guilty
of the charged offense, it must consider whether he acted in self-defense.
12
There are additional statutory exceptions to self-defense, only one of
which—the duty to retreat—was relevant to the defendant’s claimed defense.
Pursuant to § 53a-19 (b), ‘‘a person is not justified in using deadly physical
force upon another person if he or she knows that he or she can avoid the
necessity of using such force with complete safety . . . (1) by retreating
. . . .’’ In the present case, the court instructed the jury that it must consider
the duty to retreat exception if it were to find that the defendant had used
deadly physical force against the victim.
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the defense of the justified use of force, properly raised
at trial, has been disproved by the state is a question
of fact for the jury, to be determined from all the evi-
dence in the case and the reasonable inferences drawn
from that evidence. . . . As long as the evidence pre-
sented at trial was sufficient to allow the jury reasonably
to conclude that the state had met its burden of persua-
sion, the verdict will be sustained.’’ (Internal quotation
marks omitted.) State v. Brown, 198 Conn. App. 630,
636, 233 A.3d 1258, cert. denied, 335 Conn. 942, 237
A.3d 730 (2020).
On appeal, the defendant claims, inter alia, that the
state failed to disprove that (1) he was defending him-
self from what he reasonably believed to be the victim’s
imminent use of physical force, and (2) he used the
degree of physical force he reasonably believed to be
necessary to defend himself from the victim.] In support
of the former claim, the defendant relies on his own
testimony in arguing that, at the time he struck the
victim, ‘‘[h]e believed [the victim] was about to punch
him’’ because the victim ‘‘drew his hand back, as if he
was about to curl a fist.’’ The defendant suggests that,
because his testimony provided direct evidence of his
belief at the time that he attacked the victim, and the
state ‘‘offered no evidence that the defendant’s belief
was something different,’’ the state failed to disprove
his claim of self-defense. We are not persuaded.13
None of the evidence at trial supports the defendant’s
argument that the victim threatened the use of physical
13
We emphasize that ‘‘[i]t is the exclusive province of the trier of fact to
weigh conflicting testimony and make determinations of credibility, crediting
some, all or none of any given witness’ testimony.’’ (Internal quotation marks
omitted.) State v. DeMarco, 311 Conn. 510, 519–20, 88 A.3d 491 (2014). Thus,
although the defendant testified as to his beliefs at the time of the assault,
the jury was not required to believe his testimony. Moreover, the state
presented ample evidence, as set forth herein, contradicting the defendant’s
version of the events. ‘‘[T]he [jury] [was] free to juxtapose conflicting ver-
sions of events and determine which is more credible.’’ (Internal quotation
marks omitted.) State v. Brown, supra, 198 Conn. App. 637.
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force against the defendant. Indeed, the surveillance
video, which does not show the victim drawing his hand
back or curling it into a fist before the defendant struck
him, plainly contradicted the defendant’s version of the
events. The jury also could have given weight to the
fact that the defendant’s written statement to the police
on the night of the assault did not specifically mention
that he saw the victim draw his hand back or curl it into
a fist. In addition, the state challenged the credibility
of the defendant’s testimony through the admission of
a text message he had sent to Woodward shortly after
the assault that stated, ‘‘it’ll help my case if [the victim]
was stalking you.’’ The defendant’s message, viewed
in the light most favorable to sustaining the verdict,
supports a reasonable inference that he did not believe
his attack on the victim was merely an act of self-
defense. Accordingly, we conclude that there was a
rational view of the evidence from which the jury could
conclude, beyond a reasonable doubt that, at the time
of the assault, the defendant did not reasonably believe
that the victim was about to use physical force against
him.

Even if the jury had credited the defendant’s testi-
mony that he reasonably believed that the victim was
about to assault him, the jury reasonably could have
concluded that the defendant’s belief that he used the
degree of physical force necessary to defend himself
was not an objectively reasonable one. Although the
defendant testified at trial that he had no reason to
believe that the victim possessed any type of weapon,
he nonetheless chose to attack the victim with a beer
glass despite his awareness of the ‘‘weapon’s danger’’
and its capability of ‘‘seriously injur[ing]’’ the victim.
The defendant further acknowledged that, after the
glass shattered, he continued attacking the victim with
the broken glass even as he saw that the victim, who
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was bleeding profusely, was not trying to defend him-
self. The video of the assault, which does not show the
victim attempting to hit or strike the defendant at any
point, shows the defendant stabbing, or attempting to
stab, the victim approximately seventeen times. Finally,
the bystanders who intervened testified that, when they
tried to restrain the defendant, he shouted, ‘‘let me go,’’
while attempting to overpower them and continue his
assault of the victim, which ceased only when one of
the bystanders managed to get the defendant into a
‘‘choke hold . . . .’’

On the basis of the foregoing, we conclude that the
defendant’s challenge to the sufficiency of the evidence
to defeat his self-defense claim is unavailing.14

II

The defendant next claims that the trial court’s
instruction to the jury on serious physical injury was
constitutionally deficient in that it failed to adequately
guide the jury in determining whether the state proved
that the defendant had caused the victim serious physi-
cal injury. Specifically, the defendant claims that the
inadequate instruction ‘‘deprived [him] of his federal
and state constitutional rights to due process of law
and to present a defense.’’

The following facts and procedural history are rele-
vant to the defendant’s claim. On September 6, 2023,
defense counsel filed a written request to charge that
included, inter alia, an instruction on serious physical
14
In light of our conclusion that the state presented sufficient evidence
to disprove the defendant’s claim of self-defense pursuant to § 53a-19 (a),
we need not consider the defendant’s alternative claim that, had the jury
found his beliefs to be reasonable, the state failed to prove that the defendant
had used deadly physical force and that such force was unjustified pursuant
to the duty to retreat exception to self-defense discussed in footnote 12 of
this opinion. See State v. Hughes, supra, 341 Conn. 394–95.
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injury. The court denied counsel’s request and indi-
15

cated that it instead would provide an instruction on
serious physical injury based on the Judicial Branch’s
model criminal jury instructions.16 Thereafter, on Sep-
tember 18, 2023, the court instructed the jury on serious
physical injury as follows: ‘‘Serious physical injury is
something more serious than mere physical injury,
which is defined as impairment of physical condition
or pain; it is more than a minor or superficial injury. It
is defined by statute as physical injury which creates
a substantial risk of death, or which causes serious
disfigurement, serious impairment of health, or serious
loss or impairment of the function of any bodily organ.’’
The court’s instruction on serious physical injury fol-
15
In his request to charge, defense counsel requested the following instruc-
tion on serious physical injury: ‘‘The word ‘serious’ means ‘grave and not
trivial in quality or manner.’ Thus, to be ‘serious,’ the loss or injury at issue
must be substantially greater than the minimum required to establish a loss
or injury. For ‘serious disfigurement,’ that means disfigurement ‘that would
make the injured party’s appearance distressing or objectionable to a reason-
able person observing him.’ For ‘serious impairment of health or loss or
impairment of the function of a bodily organ,’ you must find that the injured
party suffered injury or impairment of a significant degree which greatly
hindered the injured party. Factors that can be considered in deciding
whether [the] injury is ‘serious’ include: the size, severity and extent of the
impairment or disfigurement, the location of the injury or disfigurement,
the parts of the body affected by the impairment or disfigurement, the length
of time the impairment or disfigurement lasted, the treatment required to
correct the impairment or disfigurement, and any other relevant factors. An
impairment or disfigurement need not be permanent to be serious; likewise,
a permanent impairment or disfigurement does not necessitate a finding of
serious injury.’’
16
The record indicates that, on September 15, 2023, the court conducted
a charge conference with counsel off the record and, thereafter, provided
counsel with a final draft of its proposed charge. On September 18, 2023,
prior to the court’s final instructions, defense counsel ‘‘note[d] . . . for the
record’’ his exception to the court’s final draft, ‘‘to the extent [that] any
of [his] request[ed] [instructions] were not adopted.’’ The court noted his
objection and responded in relevant part: ‘‘I looked at the glossary of terms
in our Connecticut jury instructions and included that language. And I
included the language that is included in serious physical injury . . .
according to the language in our criminal jury instructions, and I just left
it as is.’’
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lowed verbatim the relevant portion of the model jury
instruction on assault in the first degree. See Connecti-
cut Criminal Jury Instructions 6.1-1, available at https://
jud.ct.gov/JI/Criminal/ Criminal.pdf (last visited May 14,
2025).17 In addition, the court gave a further instruction
on serious disfigurement that was a verbatim iteration
of the definition our Supreme Court set forth in State
v. Petion, supra, 332 Conn. 491–92.18
Although the defendant concedes that the trial court’s
instruction on serious physical injury was consistent
with the model jury instructions, the relevant statutory
definitions, and the instruction on serious disfigure-
ment set forth in Petion, he claims that it was constitu-
tionally deficient because the court’s instruction failed
to include his ‘‘proposed definitions for impairment of
health and impairment of organ function, as well as
[his proposed] definition for the term ‘serious,’ ’’ which
he argues were necessary to ‘‘adequately guide the jury
17
Instruction 6.1-1 of the Connecticut model criminal jury instructions
provides in relevant part: ‘‘ ‘Serious physical injury’ is something more seri-
ous than mere physical injury, which is defined as ‘impairment of physical
condition or pain.’ It is more than a minor or superficial injury. It is defined
by statute as ‘physical injury which creates a substantial risk of death, or
which causes serious disfigurement, serious impairment of health or serious
loss or impairment of the function of any bodily organ’ . . .’’
18
The court instructed the jury: ‘‘[D]isfigurement means impairment of
or injury to the beauty, symmetry, or appearance of a person that renders
the person unsightly, misshapen or imperfect, or deformed . . . in some
manner, or otherwise causes a detrimental change in the external form of
the person. Serious disfigurement is an impairment of or injury to the beauty,
symmetry, or appearance of a person of magnitude that substantially dis-
tracts from the person’s appearance from the perspective of an objective
observer. In assessing whether an impairment or injury constitutes serious
disfigurement, factors that may be considered include the duration of the
disfigurement, as well as its location, size, and overall appearance. Serious
disfigurement does not necessarily have to be permanent or in a location
that is readily visible to others. The jury is not bound by any strict formula
in weighing these factors, [as a] highly prominent scar in a less visible
location may constitute . . . serious disfigurement, just as a less prominent
scar in a more visible location, especially one’s face, may constitute serious
disfigurement.’’
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in determining whether a serious physical injury was
proven . . . .’’ We are not persuaded.
‘‘[I]n reviewing a constitutional challenge to the trial
court’s instruction, we must consider the jury charge
as a whole to determine whether it is reasonably possi-
ble that the instruction misled the jury. . . . We will
reverse a conviction only if, in the context of the whole,
there is a reasonable possibility that the jury was misled
in reaching its verdict.’’19 (Citation omitted; internal quo-
tation marks omitted.) State v. Griggs, 288 Conn. 116,
125, 951 A.2d 531 (2008). ‘‘A jury instruction is constitu-
tionally adequate if it provides the jurors with a clear
understanding of the elements of the crime charged, and
affords them proper guidance for their determination
of whether those elements were present. . . . The test
of a charge is whether it is correct in law, adapted to
the issues and sufficient for the guidance of the jury.’’
(Internal quotation marks omitted.) Id.
‘‘Although [a] request to charge which is relevant to
the issues of [a] case and which is an accurate statement
of the law must be given . . . [a] refusal to charge in
the exact words of a request . . . will not constitute
error if the requested charge is given in substance.’’
(Internal quotation marks omitted.) State v. Ledbetter,
263 Conn. 1, 22, 818 A.2d 1 (2003). ‘‘The trial court is
not under a duty in a criminal proceeding to charge in
the identical language requested if the charge [given
to the jury] is accurate, adequate and, in substance,
properly includes material portions of the defendant’s
request; its responsibility is performed when it gives
19
Conversely, ‘‘[i]n appeals not involving a constitutional question [we]
must determine whether it is reasonably probable that the jury [was] misled
. . . .’’ (Emphasis added; internal quotation marks omitted.) State v. Ortiz,
343 Conn. 566, 594, 275 A.3d 578 (2022). We assume, without deciding, that
the defendant’s alleged instructional error is of constitutional proportion,
and we conclude for the reasons set forth herein that the court’s instruction
was not inadequate.
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instructions to the jury in a manner calculated to give
them a clear understanding of the issues presented for
their consideration, under the offenses charged and
upon the evidence, and when its instructions are suited
to their guidance in the determination of those issues.’’
(Internal quotation marks omitted.) State v. Moye, 119
Conn. App. 143, 154–55, 986 A.2d 1134, cert. denied,
297 Conn. 907, 995 A.2d 638 (2010).
Here, the defendant does not contend that the instruc-
tion the trial court gave was an incorrect statement of
law, and he concedes that the court’s instruction on
serious physical injury followed verbatim the model
instruction, which incorporates the definition of serious
physical injury set forth in § 53a-3 (4), which, in turn,
lists several types of physical injury that constitute seri-
ous physical injury.20 See State v. Daniel B., 164 Conn.
App. 318, 349, 137 A.3d 837 (2016) (‘‘[w]hile not disposi-
tive of the adequacy of the [jury] instruction, an instruc-
tion’s uniformity with the model instructions is a rele-
vant and persuasive factor in our analysis’’ (internal
quotation marks omitted)), aff’d, 331 Conn. 1, 201 A.3d
989 (2019). Although the court’s instruction included a
definition for only one type of serious physical injury set
forth in § 53a-3 (4) (i.e., serious disfigurement), ‘‘[j]ury
instructions need not be exhaustive, perfect or techni-
cally accurate, so long as they are correct in law,
adapted to the issues and sufficient for the guidance
of the jury.’’ (Internal quotation marks omitted.) San-
chez v. Hartford, 227 Conn. App. 771, 779, 322 A.3d
1108, cert. denied, 350 Conn. 922, 325 A.3d 1093 (2024).
The defendant cites no authority, nor did our research
disclose any, that supports his claim that a jury instruc-
tion is constitutionally deficient in the absence of such
definitions, particularly where, as here, the court’s
charge incorporated the controlling statutory language
and case law and, furthermore, tracked the language
20
See part I B of this opinion.
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of the model jury instruction.21 Accordingly, we con-
clude that the instruction the court gave was correct
in law and sufficient for the guidance of the jury, and,
therefore, the defendant’s claim fails.22
III
Finally, the defendant claims that prosecutorial
improprieties during closing argument deprived him of
21
Moreover, defense counsel’s requested instruction and the proposed
definitions therein have no basis in the statutes or case law of our state.
See footnote 15 of this opinion. The defendant asserts that the requested
instruction on the modifier ‘‘serious’’ is ‘‘derived from Petion and [our]
Supreme Court’s review of sister state definitions of ‘serious impairment
. . . .’ ’’ Specifically, the requested instruction incorporates language from
a Rhode Island decision and a New York decision that were among the
many decisions from other states’ courts that our Supreme Court in Petion
looked to for guidance when formulating its own definition of serious disfig-
urement so as to distinguish it from mere disfigurement. See State v. Petion,
supra, 332 Conn. 482–87. Significantly, however, although the court in Petion
considered the New York and Rhode Island decisions quoted in defense
counsel’s requested instruction in the present case, the court in Petion
ultimately declined to adopt the language of those decisions in its own
definition. See id., 491–92.
Additionally, although the defendant asserts that his proposed definitions
for ‘‘ ‘serious impairment of health’ ’’ and ‘‘ ‘serious loss or impairment of
the function of any bodily organ’ ’’ are ‘‘logical extension[s] of Petion’s
principles,’’ the court in Petion expressly stated that it was ‘‘not attempt[ing]
. . . to draw comprehensive distinctions for general application.’’ State v.
Petion, supra, 332 Conn. 482. Rather, ‘‘[its] focus [was] on one type of serious
physical injury—serious disfigurement.’’ Id. Moreover, the defendant’s pro-
posed definition, that such loss or impairment must be ‘‘ ‘of a significant
degree which greatly hindered the injured party,’ ’’ uses language that does
not appear anywhere in the Petion decision.
Finally, the defendant acknowledges that the remaining portions of his
requested charge are ‘‘taken in part from DiFranco v. Pickard, [427 Mich.
32, 38–40, 398 N.W. 2d 896 (1986)], and Washington v. Baxter, [553 Pa. 434,
447–48, 719 A.2d 733 (1998)] . . . .’’
22
We additionally note that, even if we assume that the trial court’s instruc-
tion failed to adequately guide the jury in determining whether the victim
had sustained injuries that caused serious impairment of his health or a
serious loss or impairment of the function of any bodily organ, the defendant
would not be entitled to a reversal of his conviction. Although the defendant
challenges the lack of definitions in the court’s instruction as to those
types of serious physical injury, he concedes that the instruction included
a verbatim iteration of the definition of serious disfigurement set forth in
Petion. See footnote 18 of this opinion. As we concluded in part I B of
this opinion, there was sufficient evidence to support a finding of serious
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his due process right to a fair trial. Specifically, he
claims that the prosecutor improperly argued in summa-
tion that the defendant (1) intended to kill the victim
because his ‘‘hookup’’ with Woodward was ruined, and
(2) deliberately testified falsely and fabricated evi-
dence.23
‘‘In analyzing claims of prosecutorial impropriety, we
engage in a two step analytical process. . . . We first
examine whether prosecutorial impropriety occurred.
. . . Second, if an impropriety exists, we then examine
whether it deprived the defendant of his due process
right to a fair trial.’’ (Internal quotation marks omitted.)
State v. Albino, 312 Conn. 763, 771, 97 A.3d 478 (2014).
In addition, where the alleged improprieties occurred
during closing argument, we look to the following legal
principles. ‘‘It is well established that prosecutorial
[impropriety] of a constitutional magnitude can occur
in the course of closing arguments. . . . When making
closing arguments to the jury, [however, counsel] must
be allowed a generous latitude in argument, as the limits
of legitimate argument and fair comment cannot be
disfigurement. Accordingly, even if we had found the defendant’s arguments
to be meritorious, we would have no basis to conclude that the alleged
inadequacy of the court’s instruction affected the jury’s verdict.
23
Following closing arguments, defense counsel took exception to the
prosecutor’s repeated ‘‘reference[s] to killing someone . . . .’’ In response,
the court stated that it would ‘‘reiterate [to the jury] . . . that what either
[lawyer] . . . said . . . during closing argument about the facts is not testi-
mony or evidence. The lawyers are not witnesses. . . . It is not proper for
the attorneys to express their opinions on the ultimate issues in the case,
or to appeal to your emotions.’’ Defense counsel indicated that he had no
exceptions to the court’s instruction.
Thereafter, following the jury’s verdict and before the imposition of sen-
tence, defense counsel filed a motion for a new trial, arguing, inter alia,
that the prosecutor had engaged in impropriety during closing argument by
‘‘repeatedly suggesting that the defendant was trying to ‘kill’ [the victim]’’
and by ‘‘making repeated comments that suggested that the prosecutor
knew that the defendant was lying or fabricating claims . . . .’’ The court
subsequently denied defense counsel’s motion, finding, inter alia, that the
prosecutor’s arguments were not improper.
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determined precisely by rule and line, and something
must be allowed for the zeal of counsel in the heat of
argument. . . . Thus, as the state’s advocate, a prose-
cutor may argue the state’s case forcefully, [provided
the argument is] fair and based [on] the facts in evidence
and the reasonable inferences to be drawn therefrom.’’
(Internal quotation marks omitted.) State v. Courtney
G., 339 Conn. 328, 341, 260 A.3d 1152 (2021). With these
principles in mind, we address each of the defendant’s
claims in turn.
A
The defendant first claims that the prosecutor
improperly argued throughout his closing and rebuttal
arguments that the defendant was trying to kill the
victim and that he was motivated by the fact that his
‘‘hookup’’ with Woodward was ruined.24 The defendant
asserts that these arguments were improper because
they had no basis in the evidence.25 Conversely, the
24
During closing argument, the prosecutor played for the jury the video
of the assault and argued that it ‘‘shows you [the defendant’s] intent. He
wants to kill [the victim] or cause serious physical injury to him. He could
back off at any point. . . . But remember, he’s on this date. He was hoping
to hook up with . . . Woodward, that’s been broken up. . . . He’s upset
and he wants to take out his frustration on [the victim].’’ With respect to
the defendant’s claim of self-defense, the prosecutor argued: ‘‘[Y]ou know
from your common sense and life experience, when you crack somebody
in the head with . . . that beer glass and you stab him all those times; that’s
deadly force. . . . That many stabbings to that area of the face, trying to
kill him, trying to seriously injure him, can reasonably expect it to do so.
. . . [The defendant testified that he] attacked like this because [he] was
being . . . repeatedly threatened by somebody who was bigger than [he
was]. Threatened by someone bigger than you equals I can kill you. Does
that offend your common sense?’’ The prosecutor further suggested that
‘‘[t]his was not defensive force’’ but, rather, ‘‘[the] defendant wanted to
attack because he was frustrated his date got broken up.’’ During his rebuttal
argument, the prosecutor stated with respect to the defendant’s self-defense
claim: ‘‘You can’t just kill someone because you have some adrenaline going
through you. . . . [The defendant] doesn’t get to make the decision to kill
someone rather than run away.’’
25
The defendant also argues that the purpose of the prosecutor’s argu-
ments ‘‘was to inflame the passions of the jur[ors]’’ because the defendant
‘‘was not charged with an offense that required an intent to cause death
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state asserts that the prosecutor’s arguments were sup-
ported by the evidence and the reasonable inferences
drawn therefrom. We agree with the state.
Although a prosecutor ‘‘may not invite sheer specula-
tion unconnected to evidence,’’ he ‘‘may invite the jury
to draw reasonable inferences from the evidence
. . . .’’ (Internal quotation marks omitted.) State v. Bill-
ings, 217 Conn. App. 1, 50, 287 A.3d 146 (2022), cert.
denied, 346 Conn. 907, 288 A.3d 217 (2023). Here, the
prosecutor’s argument that the defendant was trying to
kill the victim was based on a reasonable inference the
jury could have drawn from the evidence adduced at
trial, namely, the surveillance video and the witness
testimony describing the attack, as well as the weapon
and the manner in which it was used. The prosecutor’s
argument concerning motive was also based on a rea-
sonable inference the jury could have drawn from the
evidence presented at trial. It was uncontested that the
defendant and Woodward had met on Tinder, and the
defendant acknowledged during cross-examination that
he had used ‘‘sexual innuendos’’ in his messages to
Woodward. During closing argument, the prosecutor
specifically pointed to this evidence by inviting the jury
to infer that the defendant was motivated to attack the
victim because his ‘‘hookup’’ was ruined: ‘‘[The defen-
dant] won’t even admit [that Tinder is] a hookup app.
You know that from your life experience and your com-
mon sense. . . . [Y]ou can look at [the messages in
. . . .’’ We are not persuaded. Under § 53a-59 (a), the state was required to
prove that the defendant intended to cause the victim serious physical injury,
a term that encompasses ‘‘physical injury which creates a substantial risk
of death . . . .’’ General Statutes § 53a-3 (4). In addition, the state was
required to disprove the defendant’s claim of self-defense, and, whether the
defendant used deadly physical force or had a duty to retreat was at issue.
See footnote 12 of this opinion. In context, it is clear that the prosecutor’s
arguments with respect to the defendant’s intent to kill were directly related
to satisfying the state’s evidentiary burden rather than an attempt to improp-
erly inflame the passions of the jurors. See footnote 24 of this opinion.
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evidence] and make a determination for yourself based
on those texts . . . . He’s asking her to go to a restau-
rant. He’s complimenting her appearance. He’s having
these sexual innuendos. . . . [H]e was trying to have
sexual relations with . . . Woodward. That’s why he
was at that bar that night.’’
Accordingly, we conclude that the prosecutor’s argu-
ments concerning the defendant’s intent to kill and his
motive for the attack were properly rooted in the evi-
dence presented at trial.
B
The defendant next claims that the prosecutor
improperly expressed his opinion as to the credibility
of the defendant by arguing that the defendant had
‘‘deliberately testified falsely’’ and was attempting to
‘‘fabricate evidence . . . .’’ We are not persuaded.
‘‘[A] prosecutor may not express his [or her] own
opinion, directly or indirectly, as to the credibility of
the witnesses. . . . Such expressions of personal opin-
ion are a form of unsworn and unchecked testimony,
and are particularly difficult for the jury to ignore
because of the prosecutor’s special position. . . . Put
another way, the prosecutor’s opinion carries with it
the imprimatur of the [state] and may induce the jury
to trust the [state’s] judgment rather than its own view
of the evidence. . . . Moreover, because the jury is
aware that the prosecutor has prepared and presented
the case and consequently, may have access to matters
not in evidence . . . it is likely to infer that such mat-
ters precipitated the personal opinions. . . . However,
[i]t is not improper for the prosecutor to comment upon
the evidence presented at trial and to argue the infer-
ences that the jurors might draw therefrom . . . . We
must give the jur[ors] the credit of being able to differen-
tiate between argument on the evidence and attempts
to persuade them to draw inferences in the state’s favor,
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on one hand, and improper unsworn testimony, with
the suggestion of secret knowledge, on the other hand.
The state’s attorney should not be put in the rhetorical
straitjacket of always using the passive voice, or contin-
ually emphasizing that he [or she] is simply saying I
submit to you that this is what the evidence shows, or
the like.’’ (Citation omitted; internal quotation marks
omitted.) State v. Stevenson, 269 Conn. 563, 583–84, 849
A.2d 626 (2004).
We reiterate that ‘‘a prosecutor may argue about the
credibility of witnesses, as long as [his] assertions are
based on evidence presented at trial and reasonable
inferences that jurors might draw therefrom. . . . The
prosecutor may also make these arguments with
respect to the credibility of statements by the defendant
himself, so long as they are rooted in the evidence at
trial.’’ (Internal quotation marks omitted.) Donald G. v.
Commissioner of Correction, 224 Conn. App. 93, 123,
311 A.3d 187, cert. denied, 349 Conn. 902, 312 A.3d
585 (2024).
During closing argument, the prosecutor called the
jury’s attention to several portions of the defendant’s
testimony, highlighted the evidence presented at trial
that contradicted his testimony, and argued that the
defendant deliberately had testified falsely or was
attempting to fabricate evidence.26 Thus, the arguments
26
The prosecutor argued that the defendant deliberately testified falsely
when he (1) refused to admit that Tinder is a ‘‘hookup app’’ or that he was
on a date with Woodward; (2) claimed that he initially continued to attack
the victim after the bystanders intervened because he was unsure of whether
the bystanders were friends of the victim; and (3) claimed that he knew
that the victim was Woodward’s former boyfriend prior to the attack. The
prosecutor further argued that the defendant was attempting ‘‘to fabricate
evidence, essentially,’’ and ‘‘trying to build up this false fear’’ when he texted
Woodward after the incident, ‘‘it’ll help my case if [the victim] was stalking
you’’ and when the defendant testified that he was concerned that the victim
might have had a gun or another weapon.
In addition, the prosecutor concluded his initial argument by stating:
‘‘Don’t listen to the defendant’s lies. Hold him accountable for what he did.
I submit to you that the defendant did not believe that he needed to use
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28 ,0 0 Conn. App. 687
State v. Leveille

made by the prosecutor were rooted in the evidence that
was presented to the jury. In addition, the prosecutor
prefaced those arguments by informing jurors that the
court would provide them with an instruction on credi-
bility and that it was their duty to determine whether the
defendant had deliberately testified falsely.27 Accordingly,
it is clear from the context in which the statements were
made that the prosecutor did not improperly express
his personal opinion or beliefs as to the defendant’s
credibility but, rather, simply commented on the evi-
dence and invited the jury to draw a reasonable infer-
ence that the defendant had deliberately testified falsely
or was attempting to fabricate evidence with respect
to those portions of his testimony.28 See State v. Barry
A., 145 Conn. App. 582, 600, 76 A.3d 211, cert. denied,
310 Conn. 936, 79 A.3d 889 (2013). For the reasons
stated, we conclude that the prosecutor did not engage
in prosecutorial impropriety during closing argument
deadly physical force to repel some perceived assault from [the victim],
and no reasonable person in his position would believe it. He’s fabricating
evidence. He’s making up these claims to try to make you think he was
more fearful than he actually was.’’
27
Specifically, the prosecutor stated: ‘‘[W]e’re going to start talking about
the defendant’s credibility. . . . [The court] is going to give you an instruc-
tion on credibility. And . . . one of the things I expect that [the court is]
going to say [in its final instructions] is that, if you believe that a witness
has deliberately testified falsely, you should seriously consider whether to
believe any of that witness’ testimony.’’
We additionally note that the prosecutor, at the outset of his closing
argument, explained to the jury: ‘‘If there’s anything that I say about the
evidence, the testimony, that differs from your memory, it is your memory
that controls. . . . [I]f you hear me arguing . . . inferences to be drawn
from facts, just add that little precursor . . . the state submits the evidence
shows . . . . I don’t intend to give you my opinion on anything. If you hear
me say anything which you believe is me giving my personal opinion, please
disregard that; that is not my intention.’’
28
With respect to the defendant’s testimony that he was not on a date
with Woodward, for example, the prosecutor argued: ‘‘[The defendant]
wouldn’t even admit this was a date . . . . Well . . . you’ve got [exhibits
of the Tinder messages between the defendant and Woodward], and you
can look at them and make a determination for yourself based on those
texts. Was he telling the truth on the stand when he said this wasn’t a date?’’
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State v. Leveille

and, therefore, the defendant was not deprived of his
right to a fair trial.
The judgment is affirmed.
In this opinion the other judges concurred.