People v. Williams, 40 N.Y.2d 800 (1976)
When a preclusion order bars the prosecution from questioning a defendant about a prior arrest, that prohibition extends to questioning other witnesses about the same arrest, and violating this order through improper cross-examination warrants a new trial when curative instructions are insufficient to remedy the error.
Summary
Gill Williams was convicted of criminal sale of a controlled substance. Prior to trial, the court precluded the prosecutor from questioning Williams about a prior arrest for criminal possession. During the trial, the prosecutor asked a defense witness about an arrest of Williams, initially misdating the arrest. After the witness denied knowledge, the prosecutor pressed the issue. It was later revealed the prosecutor was referring to the precluded arrest. The court issued a curative instruction, but the defense moved for a mistrial, which was denied. The Court of Appeals reversed the conviction, holding that the prosecutor’s questioning violated the spirit of the preclusion order, and the curative instruction was insufficient to remedy the error, warranting a new trial.
Facts
Gill Williams was arrested and charged with multiple counts of criminal sale of a controlled substance. Prior to trial, the defense moved to preclude the prosecutor from questioning Williams regarding a prior arrest on August 8, 1974, for criminal possession. The trial court granted the motion. At trial, the defense called Deborah Davis, who resided in Williams’ apartment, as a witness. During cross-examination, the prosecutor questioned Davis about whether anything unusual occurred on August 8, 1975 (a date that was initially incorrect). When Davis denied any knowledge, the prosecutor specifically asked if she recalled Williams’ arrest on that date. This line of questioning prompted an immediate objection and motion for a mistrial by the defense.
Procedural History
The trial court denied the motion for a mistrial, allowing the prosecutor’s questions and answers to stand, with a cautionary instruction to the jury that the testimony was solely for the purpose of assessing Miss Davis’ credibility. The defendant was convicted based on a jury verdict. The Appellate Division affirmed the conviction. The New York Court of Appeals reversed the Appellate Division’s order and remitted the case for a new trial.
Issue(s)
Whether the prosecutor’s cross-examination of a defense witness regarding a prior arrest of the defendant, when the defendant was precluded from being questioned about that arrest himself, constitutes reversible error.
Holding
Yes, because the preclusion order extended to inquiry about the precluded arrest of the defendant on interrogation of a witness as well, and the prosecutor’s questioning undermined the preclusion order, and the curative instruction was insufficient to remedy the error.
Court’s Reasoning
The Court of Appeals emphasized that the preclusion order, while expressly related to the examination of the defendant, foreclosed inquiry regarding the August 8, 1974, arrest during the interrogation of a witness as well. The court found the prosecutor’s initial confusion about the date and subsequent persistence in the questioning, even after being cautioned by the trial court, unacceptable. The court stated, “The carelessness of the prosecutor in initially confusing dates and then persisting in such confusion when specifically alerted by the trial court may scarcely be advanced in justification.” The Court determined that the curative instructions were insufficient to eliminate the prejudice to the defendant, necessitating a new trial. The court noted, “In the circumstances we conclude that it was error to have permitted the question and that the curative instructions were insufficient to remedy the error.” The Court explicitly limited its holding to situations where the prior arrest resulted in a conviction, reserving judgment on whether questioning about arrests not resulting in convictions constitutes reversible error.