People v. Fiore, 34 N.Y.2d 88 (1974)
Evidence of uncharged criminal conduct is inadmissible to establish a predisposition to commit the crime charged, unless it is offered for a relevant purpose other than to show criminal propensity, such as demonstrating a common scheme or plan that encompasses both the charged and uncharged crimes.
Summary
Fiore, a former president of a school board, was convicted of bribe receiving and related offenses for allegedly soliciting a kickback from a contractor. The prosecution introduced evidence that Fiore had previously received unlawful payments from the project’s architect, for which he was never charged. The New York Court of Appeals reversed the conviction, holding that the architect’s testimony was improperly admitted because it served only to show Fiore’s criminal propensity, not a common scheme or plan. The court emphasized that the uncharged crime did not directly support an inference that a single, inseparable plan existed encompassing both the charged and uncharged crimes.
Facts
The Lackawanna School Board, responsible for awarding construction contracts, charged Fiore with soliciting a kickback from a general contractor bidding on an elementary school addition. The contractor testified that the architect provided Fiore’s contact information, and Fiore, representing the board, requested 10% of the contract price, which the contractor refused. The architect testified he paid Fiore 20% of his fees in cash under an “arrangement”, and that Fiore asked him to have the contractor contact him. Fiore denied receiving payments from the architect or soliciting the contractor, claiming the meeting occurred after the contract was awarded at the contractor’s request.
Procedural History
Fiore was convicted in a jury trial for bribe receiving and related offenses. He appealed the conviction, arguing that the admission of the architect’s testimony regarding prior uncharged payments was reversible error. The appellate court affirmed the conviction, but the New York Court of Appeals reversed, vacating the conviction and ordering a new trial.
Issue(s)
Whether the trial court erred in admitting evidence of uncharged criminal conduct (payments from the architect to Fiore) to prove the charged crime (solicitation of a kickback from the contractor).
Holding
No, because the evidence of uncharged criminal conduct did not establish a common scheme or plan encompassing both the charged and uncharged crimes, but instead served only to show the defendant’s criminal propensity.
Court’s Reasoning
The court emphasized the general rule that evidence of uncharged criminal conduct is inadmissible to establish a defendant’s predisposition to commit crimes. While such evidence may be admissible if offered for a relevant purpose other than to show criminal propensity (e.g., to prove a common scheme or plan), the court found that the architect’s testimony did not meet this exception. The court distinguished this case from cases like People v. Duffy, where there was a close relationship between the scheme and the multiple bribes received. Here, the court reasoned that there was no evidence of a single scheme to collect corrupt payments from both the architect and the contractor. The court stated, “[T]here must be ‘such a concurrence of common features that the various acts are naturally to be explained as caused by a general plan of which they are the individual manifestations’.” The court found that the close similarity of the bribery attempts, with only arguably insubstantial identities, did not support an inference that there existed a common scheme or plan encompassing both the contractor and the architect. The court also noted that while a modus operandi might be an element of proof in establishing a common scheme, it alone does not establish a common scheme. The court concluded that the prejudicial effect of the evidence outweighed its probative value and warranted a new trial. The court also briefly addressed the prosecutor’s inquiry regarding Fiore’s refusal to waive immunity before the grand jury, advising caution on retrial to avoid focusing on the waiver issue unless Fiore’s trial testimony was inconsistent with his earlier refusal.