People v. Rivera, 39 N.Y.2d 519 (1976)
Evidence of witness tampering, including actions by accomplices and relatives, is admissible to demonstrate consciousness of guilt and a concerted effort to obstruct justice, provided there is a connection to the defendant’s actions.
Summary
Rivera appeals his robbery conviction, arguing that the trial court improperly admitted testimony regarding threatening behavior by others. The victim, Murray, was robbed at knifepoint. Subsequently, she experienced threatening gestures from Rivera and others, including phone calls and a funeral arrangement. The court affirmed the conviction, holding that the evidence was admissible to show a pattern of harassment and tampering, especially since the defendant’s actions were linked to those of his accomplices. Even though the tampering conviction was later reversed on other grounds, the initial admissibility of the evidence remained valid, as it was relevant to the harassment charge and demonstrated a consciousness of guilt.
Facts
Eileen Murray, a student, was robbed at her workplace by Rivera and two others. During the robbery, a knife was held to her throat. After the robbery, Murray saw Rivera making threatening gestures, including crossing his throat. Other individuals, including Rivera’s sister and an accomplice’s brother, engaged in threatening behavior towards Murray, such as phone calls and sending a funeral arrangement. Murray’s employer corroborated her testimony regarding the threatening gestures.
Procedural History
Rivera was convicted of robbery in the first degree, two counts of robbery in the second degree, harassment, and tampering with a witness. The Appellate Division affirmed the robbery and harassment convictions but reversed the tampering conviction. Rivera appealed to the New York Court of Appeals.
Issue(s)
Whether the trial court erred in admitting testimony regarding the threatening behavior and actions of individuals other than the defendant.
Holding
No, because the evidence was part of the total picture and specifically connected to the charges of tampering and harassment, serving as circumstantial evidence corroborating the complainant’s direct testimony.
Court’s Reasoning
The court found that the evidence of threatening behavior by others was admissible as part of a broader pattern of harassment and witness tampering. The court reasoned that these actions, when connected to the defendant, could demonstrate a concerted effort to obstruct justice and indicate a consciousness of guilt. The court cited People v. Shilitano, 218 N.Y. 161, noting that efforts by a defendant’s associates to influence witnesses can be indicative of guilt. The court emphasized that the jury was entitled to infer that the actions of Rivera’s accomplices were tied to his criminal activity. Even though the tampering conviction was ultimately reversed, the evidence was properly admitted when the tampering charge was still active. The court noted that Rivera could have moved to strike the evidence had the tampering charge been dismissed at trial. The Court of Appeals stated, “That such efforts may have some tendency to prove a consciousness of guilt seems to be a fair deduction and, therefore, they were properly received in evidence.” The court also held that the Appellate Division could have ordered a new trial if unfairness or prejudice had existed, but they did not, implying that the evidence’s admission was not unduly prejudicial to the robbery convictions.