People v. Morales, 37 N.Y.2d 262 (1975)
When a statute preventing a defendant from calling an alibi witness is later declared unconstitutional, that ruling applies retroactively on direct appeal, requiring reversal of the conviction if the alibi witness was improperly excluded.
Summary
The New York Court of Appeals addressed whether the unconstitutionality of a notice-of-alibi statute, which prevented the defendant from calling an alibi witness, should be applied retroactively on direct appeal. Morales was convicted of selling narcotics, but the trial court had barred an alibi witness because the defense failed to include her name on the pre-trial witness list as required by CPL 250.20. The Court of Appeals held that the statute’s unconstitutionality, as established in Wardius v. Oregon, applied retroactively because the trial occurred before Wardius, the witness was actually excluded, and the case was on direct appeal, thus warranting a new trial.
Facts
Detective Webster, an undercover officer, allegedly bought heroin from Morales. Webster signaled his backup team, who observed the interaction. Webster wrote a detailed description of Morales, including his clothing and a fictitious name derived from his goatee. Later, Webster returned to the area, spotted Morales, and directed the backup team to arrest him. Webster viewed Morales at the police precinct about six hours after the arrest, identifying him through a two-way mirror.
Procedural History
Morales was indicted for selling and possessing narcotics. At trial, Webster identified Morales. Morales presented an alibi defense but was prevented from calling a witness whose name was not on the pre-trial list, based on CPL 250.20. The Appellate Division reversed Morales’ conviction, citing the unconstitutionality of the notice-of-alibi statute and the admission of the police officer’s testimony regarding the station house viewing. The People appealed to the New York Court of Appeals.
Issue(s)
Whether a ruling that a notice-of-alibi statute is unconstitutional should be applied retroactively on direct appeal when the defendant was prevented from calling an alibi witness due to non-compliance with the statute.
Holding
Yes, because the unconstitutionality of the notice-of-alibi statute should be applied retroactively on direct appeal where the defendant was prevented from calling an alibi witness.
Court’s Reasoning
The Court reasoned that the concept of retroactivity, while complex, generally allows cases on direct appeal to benefit from newly pronounced law. Quoting Wardius v. Oregon, the Court emphasized that “discovery must be a two-way street. The State may not insist that trials be run as a ‘search for the truth’ so far as defense witnesses are concerned, while maintaining ‘poker game’ secrecy for its own witnesses.” Unlike People v. Bush, where the defendant had complied with the statute, Morales was actually prevented from calling a witness. The Court applied the criteria from Desist v. United States, considering (a) the purpose of the new standard, (b) reliance on the old standard, and (c) the effect of retroactive application. The Court found that the due process standard profoundly affected the fact-finding process, as it directly impacted the ability to present evidence. The Court noted the Sixth Amendment’s guarantee to call witnesses and its coupling with the right to counsel, decisions concerning which are commonly deemed retroactive. Furthermore, the Court found no significant reliance on the notice-of-alibi statute by law enforcement authorities. The Court also addressed the station house viewing by Webster, finding it proper because it was not for initial identification but to confirm the arrest of the correct person, consistent with good police work and ensuring the expeditious release of innocent suspects. The court affirmed the Appellate Division’s order for a new trial, but clarified that the station house viewing was admissible.