People v. Schreiner, 77 N.Y.2d 730 (1991)

Hypnotically induced recollections are inherently unreliable and inadmissible as evidence, even if the subject is not under hypnosis when recounting the recollections, if the recollections are a product of prior hypnotic therapy or post-hypnotic suggestion.

Summary

Schreiner was convicted of second-degree murder based, in part, on a confession he made during a psychiatric examination. He had undergone hypnotic therapy years earlier. The New York Court of Appeals reversed, holding that the confession was inadmissible because it was the product of hypnotic therapy, rendering it inherently unreliable under the standard established in People v. Hughes. The Court reasoned that even though Schreiner was not under hypnosis when he confessed, his recollection of the murder stemmed from post-hypnotic suggestion, making it inadmissible regardless.

Facts

Jamie Amsterdamer was murdered in 1979. Schreiner was questioned but not considered a suspect. In 1980, Schreiner was arrested for an unrelated attempted murder and found not responsible due to mental disease, leading to his commitment to Mid-Hudson Psychiatric Center. There, he underwent hypnotic therapy. In 1986, during a CPL 330.20(11) proceeding for transfer to a non-secure facility, a psychiatrist, Dr. Siegel, examined Schreiner. Schreiner disclosed to Dr. Siegel that he