People v. Anderson, 16 N.Y.2d 282 (1965)
A defendant in a felony case has a statutory and due process right to be present at a pre-trial suppression hearing where evidence is taken, because such a hearing is a critical stage of the trial that affects the defendant’s ability to confront accusers and advise counsel.
Summary
Defendants Anderson and Thompson were convicted of robbery. Anderson appealed, arguing his due process rights were violated because he was absent from a pre-trial suppression hearing concerning evidence later used against him. The New York Court of Appeals reversed the conviction, holding that Anderson’s absence from the suppression hearing, where testimony was taken, violated his right to be present at all material stages of the trial under New York law and the due process clause. The court reasoned that a suppression hearing is a crucial step in the prosecution and the defendant’s presence is necessary for a fair hearing. Thompson’s conviction was also reversed in the interest of justice.
Facts
Defendant Anderson was in custody awaiting trial for robbery. A pre-trial hearing was held to consider a motion to suppress certain evidence. Anderson was absent from the courtroom during this suppression hearing, and no explanation for his absence was provided in the record. The District Attorney presented testimony regarding the legality of the search that yielded the evidence. The motion to suppress was ultimately denied and the evidence was admitted at Anderson’s trial.
Procedural History
The trial court denied Anderson’s motion to suppress the evidence. Anderson was subsequently convicted of robbery. The Appellate Division affirmed the judgment of conviction. Anderson appealed to the New York Court of Appeals, arguing his due process rights were violated by his absence from the suppression hearing. The Court of Appeals granted permission to appeal.
Issue(s)
Whether a pre-trial suppression hearing, at which testimony is taken regarding evidence to be used against a defendant at trial, constitutes a part of the “trial” for purposes of Section 356 of the Code of Criminal Procedure, thus requiring the defendant’s presence.
Holding
Yes, because the purposes of section 356 of the Code of Criminal Procedure, the rationale of the applicable decisional law and the state’s guarantee of due process require that a defendant be present at a suppression hearing where testimony is taken.
Court’s Reasoning
The court reasoned that Section 356 of the Code of Criminal Procedure requires a defendant’s presence at a felony trial, including post-indictment proceedings where evidence is taken. The court equated a pre-trial suppression hearing, where testimony is presented, to a stage of the trial. The court emphasized the significance of suppression hearings stating, “ [A] denial of a motion to suppress evidence is a crucial step in a criminal prosecution; it may often spell the difference between conviction or acquittal.” The court cited People ex rel. Lupo v. Fay, stating that due process mandates the defendant’s presence to the extent necessary for a fair hearing, giving the defendant the opportunity to confront accusers and advise with counsel. The court rejected the argument that the defendant had a full opportunity to defend against a charge when a suppression hearing is held during his unexplained absence. The court found that distinguishing between the actual trial and the suppression hearing ignores the reasons underlying the right to be present when testimony is taken relating to evidence used against the defendant. The court stated, “Expediency may not dictate procedural changes so as to take from a defendant the right to be present at the taking of testimony, even at a pretrial suppression hearing.” The court recognized that the suppression hearing is not within the specific meaning of “trial” as previously defined. However, the court found it could be given a meaning broad enough to include the examination of criminal cases by a court in all their stages, especially where questions of fact are to be determined. The court concluded that the defendant’s absence from the hearing on the motion to suppress required a reversal of his conviction, and the codefendant’s conviction was reversed in the interest of justice because the improperly admitted evidence may have prejudiced the jury.