People v. Wright, 47 N.Y.2d 223 (1979)
When a trial court erroneously excludes alibi testimony based on an unconstitutional notice-of-alibi statute, the error is not harmless if the excluded witness’s testimony could have significantly strengthened the alibi defense, especially when the prosecution emphasizes the weakness of the presented alibi.
Summary
The defendant was convicted of narcotics possession and sale. At trial, the court precluded an alibi witness from testifying because the defendant failed to include her in the pre-trial alibi notice, as required by a statute later deemed unconstitutional. The New York Court of Appeals reversed the sale conviction, holding that the exclusion of the witness’s testimony was not harmless error. The court reasoned that the witness could have bolstered the alibi defense, and the prosecution highlighted the alibi’s reliance on biased witnesses. However, the other convictions based on evidence seized at the defendant’s apartment were affirmed as the alibi defense did not extend to those charges.
Facts
A plainclothes officer testified he bought drugs from the defendant at his apartment on February 1, 1972. The next day, officers with a search warrant found drugs, drug paraphernalia, and a weapon in the apartment, arresting the defendant, his wife, and another man. The defendant was charged with possession and sale of drugs on February 1, and various possession offenses related to the February 2 search. The defense presented alibi witnesses claiming the defendant was in New Jersey at the time of the alleged sale.
Procedural History
The defendant was convicted of selling drugs on February 1 and possessing contraband seized on February 2. After the verdict, the Supreme Court held similar notice-of-alibi statutes unconstitutional. The New York Court of Appeals then ruled that preclusion of alibi witness testimony based on the unconstitutional notice statute was grounds for reversal on direct appeal. The prosecution conceded the error but argued it was harmless.
Issue(s)
Whether the trial court’s erroneous exclusion of an alibi witness’s testimony, based on an unconstitutional notice-of-alibi statute, constituted harmless error beyond a reasonable doubt.
Holding
No, because there was a reasonable possibility that the exclusion of the alibi witness’s testimony contributed to the defendant’s conviction on the sale charge.
Court’s Reasoning
The court reasoned that because the error involved the defendant’s constitutional rights, it could only be considered harmless if there was no reasonable possibility that it contributed to the conviction. The court found that the excluded witness, Charlene Latham, could have provided less biased corroboration of the defendant’s alibi. The prosecutor emphasized that the alibi rested primarily on the testimony of family members and a close friend. The court noted, “Although Charlene Latham may not have been a completely disinterested third party, she was certainly less susceptible to impeachment for personal bias than the defendant’s other alibi witnesses.” The exclusion of Latham’s testimony left a gap in the alibi defense that the prosecutor exploited during summation. The court concluded that it could not say the error was harmless beyond a reasonable doubt, citing People v Crimmins, 36 N.Y.2d 230, 237. However, because the alibi defense did not relate to the other charges stemming from the search of the apartment, the court affirmed those convictions.