People v. Torres, 42 N.Y.2d 963 (1977)

A prior inconsistent statement, even if its content was not fully understood by the witness due to a language barrier, is admissible for impeachment purposes once the witness concedes the genuineness of their signature; the issue of understanding relates to the weight of the evidence, not its admissibility.

Summary

Torres was convicted of burglary and assault. At trial, he sought to introduce a written statement purportedly signed by the complaining witness (who spoke only Arabic). The statement, prepared by the defendant’s attorney, indicated the witness couldn’t identify her attacker. The witness conceded her signature, but the trial court excluded the statement. The New York Court of Appeals affirmed the conviction, holding that while excluding the statement was technically an error, it was harmless due to the other overwhelming evidence of guilt. The court emphasized that the complaining witness had identified the defendant shortly after the crime, and the defendant’s explanation was inconsistent.

Facts

Defendant Torres was convicted of burglary and assault. The complaining witness spoke only Arabic. The defendant’s attorney prepared a written statement in English, purportedly signed by the complaining witness, stating that she could not identify her attacker. The statement was obtained by defendant’s parents, who gave the complainant $150 for medical expenses. The statement was witnessed by one Lalo, who spoke Arabic and broken English. At trial, the complaining witness conceded she signed the statement, but Lalo denied witnessing the signature. The building superintendent saw the defendant leaving the apartment in which the assault occurred while the complaining witness was still screaming. The superintendent chased and caught the defendant 300 feet outside the building. Within minutes, the complaining witness identified the defendant as her attacker.

Procedural History

The defendant was convicted of burglary and assault at trial. He appealed, arguing the trial court improperly prevented him from introducing the written statement. The Appellate Division’s order affirming the conviction was appealed to the New York Court of Appeals.

Issue(s)

Whether the trial court erred in excluding a prior inconsistent written statement of the complaining witness, where the witness conceded her signature but allegedly did not fully understand the statement’s contents due to a language barrier.

Holding

Yes, the trial court erred in excluding the statement, because the complaining witness conceded the genuineness of her signature, making the statement admissible for impeachment purposes; however, the error was harmless, because of the overwhelming evidence of the defendant’s guilt.

Court’s Reasoning

The court reasoned that once the complaining witness conceded her signature on the statement, it became admissible for impeachment purposes as a prior inconsistent statement. The court cited Fisch, New York Evidence, § 478. Any concerns about the witness’s understanding of the statement’s content due to the language barrier went to the weight of the evidence, not its admissibility.

However, the court found the error harmless because:

1. The building superintendent saw the defendant leaving the apartment while the complaining witness was screaming.
2. The superintendent chased and caught the defendant shortly thereafter.
3. The complaining witness identified the defendant within minutes of the assault.
4. The defendant’s story to the superintendent was inconsistent with his trial testimony.
5. The content of the excluded statement was presented through the testimony of the defendant’s mother.

The court distinguished Chambers v. Mississippi and Green v. Georgia, finding a substantial question about the reliability of the statement and concluding there was no due process violation in its exclusion. The court emphasized the importance of the complaining witness’s immediate identification and the defendant’s inconsistent statements. The court also stated, “Defendant was seen by the building superintendent leaving the apartment in which the assault occurred while the complaining witness was still screaming, was chased by the superintendent and caught some 300 feet outside the building. Within three to five minutes after the assault he was identified by the complaining witness.”