People v. Levan, 40 N.Y.2d 746 (1976)
Evidence of a lack of motive is admissible to establish that the defendant did not commit the charged act or lacked the required intent, but only when the commission of an intentional act is at issue.
Summary
The New York Court of Appeals affirmed the Appellate Division’s order, holding that the trial court properly refused to instruct the jury to consider the lack of motive in determining the defendant’s guilt because the commission of the intentional act was not in question due to the defendant’s testimony and self-defense plea. The Court also held that the defendant’s constitutional challenge to prior convictions at the persistent felony offender hearing was correctly denied because the defendant only alleged a violation of People v. Montgomery, which does not invalidate prior convictions for persistent felony offender status.
Facts
The defendant, Levan, was convicted of a crime. At trial, he testified and pleaded self-defense, thereby acknowledging the commission of the act. During the trial, the defendant requested the court to charge the jury that they could consider the lack of motive in determining defendant’s guilt. At the persistent felony offender hearing, the defendant challenged his prior convictions, claiming his rights under People v. Montgomery were violated during earlier proceedings.
Procedural History
The trial court refused to charge the jury regarding lack of motive and also refused to entertain the defendant’s constitutional challenge to his prior convictions. The Appellate Division affirmed. The case then went to the New York Court of Appeals.
Issue(s)
1. Whether the trial court erred in refusing to charge the jury that it could consider lack of motive in determining the defendant’s guilt.
2. Whether the trial court erred by refusing to entertain the defendant’s constitutional challenge to his prior convictions at the persistent felony offender hearing.
Holding
1. No, because the commission of an intentional act was not in issue due to the defendant’s testimony and self-defense plea.
2. No, because the defendant did not allege that the prior convictions were “unconstitutionally obtained” within the meaning of CPL 400.20, but rather alleged a Montgomery violation, which does not invalidate prior convictions for persistent felony offender status.
Court’s Reasoning
Regarding the motive, the Court of Appeals acknowledged that evidence of absence of motive may be admissible to establish that the defendant did not commit the act charged or lacked the requisite intent, citing People v. Sangamino and People v. Guadagnino. However, the Court distinguished the case, noting that the commission of an intentional act was not in issue here, due to the defendant’s own testimony and self-defense plea, citing People v. Johnson. The court stated, “here the commission of an intentional act was not in issue due to defendant’s own testimony and self-defense plea.”
Regarding the challenge to prior convictions, the Court agreed that CPL 400.20 authorizes a constitutional challenge. However, the Court noted that the defendant did not allege that the prior convictions were “unconstitutionally obtained” within the meaning of that section. The Court reasoned that even if a Montgomery violation were proven, the prior convictions would not be rendered invalid for determining persistent felony offender status. The Court stated, “At most, a Montgomery violation, if proven, would entitle defendant to an extension of time for taking an appeal.” The court cited People v. Corso in support of that proposition.