People v. Berzups, 49 N.Y.2d 417 (1980)

A codefendant’s confession is admissible and does not violate the defendant’s right to confrontation when the defendant has made a confession that is substantially similar to the codefendant’s, such that any prejudice is negligible.

Summary

Harry Berzups was convicted of felony murder, intentional murder, robbery, and other charges in connection with the killing of a pharmacist during a robbery. Berzups appealed, arguing that the admission of his codefendant Massurin’s confession violated his right to confrontation because Massurin did not testify. He also challenged the admissibility of his own confession and physical evidence. The New York Court of Appeals held that Massurin’s confession was admissible because Berzups’s own confession was substantially similar, rendering any prejudice negligible. The court also found that Berzups’s arrest was supported by probable cause, and the seizure of physical evidence was justified.

Facts

An elderly pharmacist was murdered during a drugstore robbery. The pharmacist’s body was discovered with multiple knife wounds, a broken jaw, a crushed eye socket, and a shattered skull. The police found an order slip that led them to Michael Massurin, who initially claimed he and Berzups had forced the druggist to the back of the store at knifepoint. Massurin later changed his story, stating that Berzups had stabbed the pharmacist. Massurin’s information led the police to Berzups, who initially denied any knowledge of the crime. However, after the police noticed bloodstains on his shoes and a cut on his finger, Berzups admitted that he and Massurin went to rob the drugstore, but claimed Massurin was the primary actor. A search of Berzups’ room pursuant to a warrant revealed trousers with bloodstains. A bloodstained jacket was also recovered that Berzups sold to a third party. At trial, both Berzups and a third party provided details about the events that transpired during the robbery and murder.

Procedural History

Berzups and Massurin were tried together and convicted. The Appellate Division affirmed the convictions but reversed the robbery conviction as to each defendant, reasoning that it was a lesser included count of felony murder. Berzups appealed to the New York Court of Appeals, challenging the admission of Massurin’s confession, the denial of his motion to suppress evidence, and the trial court’s refusal to charge assault as a lesser included offense. The prosecution cross-appealed the reversal of the robbery conviction.

Issue(s)

1. Whether the admission of codefendant Massurin’s confession violated Berzups’s right to confrontation.
2. Whether Berzups’s post-arrest confession and the seized physical evidence should have been suppressed.
3. Whether the trial court erred in refusing to charge assault as a lesser included offense of intentional murder.
4. Whether the underlying felony of robbery in the felony murder charge was a lesser included offense that merged in the conviction.

Holding

1. No, because Berzups’s own confession was substantially similar to Massurin’s, making any prejudice negligible.
2. No, because Berzups’s arrest was supported by probable cause and the seizure of physical evidence was justified under the circumstances.
3. No, because the jury’s rejection of manslaughter charges indicated that they discredited the defense theory that Berzups acted without intent to kill.
4. No, because the underlying felony of robbery is not a lesser included offense that merges with felony murder.

Court’s Reasoning

The Court of Appeals reasoned that the right to confrontation is not violated when a codefendant’s confession is “almost identical” to the defendant’s confession (People v. McNeil, 24 N.Y.2d 550, 552). While cautionary instructions are often insufficient to cure prejudice, the Court found that the confessions were so duplicative in their description of the crucial facts that Massurin’s confession was of no measurable consequence. The court emphasized the overlapping details regarding the willing participation in the robbery, the division of proceeds, and the joint striking of the victim. Regarding the suppression motion, the court found probable cause for Berzups’s arrest based on Massurin’s implication and accurate description of Berzups. The seizure of fingernail scrapings and bloodstained shoes was justified due to the exigency of easy eradication. As to the lesser included offense charge, the court noted that the jury’s rejection of manslaughter indicated they found Berzups acted with intent to kill, precluding a charge of assault. Finally, the court held that the underlying felony of robbery does not merge with felony murder because it serves as a replacement for the *mens rea* necessary for common-law murder, and the corpus of the crime is the killing of another. The court stated that the two crimes are “substantively and genetically entirely separate and disconnected offenses” (People v. Nichols, 230 N.Y. 221, 226).