People v. Graham, 44 N.Y.2d 146 (1978)
Under New York Criminal Procedure Law, a trial court must submit the issue of a confession’s voluntariness to the jury, even when the challenge to voluntariness is based solely on an alleged Miranda violation.
Summary
Imogene Graham was arrested for possession of heroin. At trial, she challenged the voluntariness of a statement she made to police, arguing that she wasn’t properly advised of her Miranda rights. The trial court, which had previously ruled the statement admissible, refused to instruct the jury on voluntariness, believing that Miranda compliance was a question of law for the court. The Appellate Division reversed, holding that CPL 60.45 and 710.70 require the issue of voluntariness to be submitted to the jury. The New York Court of Appeals affirmed, holding that the statutes mandate jury consideration of voluntariness even when the challenge is based on a Miranda violation.
Facts
Imogene Graham was arrested in a tavern after a purse containing heroin was found on her table. A police officer testified that he saw Graham abandon the purse. Graham testified she was unaware of the purse’s contents and that it belonged to another woman. The officer testified that he asked Graham, “Who are you holding the stuff for?” and she responded, “No, no, he’ll kill me. He’ll kill me.” The officer admitted that he failed to explicitly advise Graham of her right to counsel before questioning her, assuming she understood this right because he had informed her that the court would provide an attorney. Graham denied receiving any warnings.
Procedural History
Prior to trial, the trial court denied Graham’s motion to suppress the statement. At trial, Graham requested the court to charge the jury on the voluntariness of the statement and to allow her to argue the issue during summation. The trial court denied these requests. Graham was convicted of criminal possession of a controlled substance. The Appellate Division reversed the judgment and granted a new trial, holding that the trial court erred in not submitting the issue of voluntariness to the jury. The People appealed to the New York Court of Appeals.
Issue(s)
Whether, under CPL 60.45 and 710.70, a trial court must submit the issue of the voluntariness of a defendant’s incriminating statement to the jury when the challenge to voluntariness is based solely on the claim that the police failed to provide adequate Miranda warnings.
Holding
Yes, because CPL 60.45 and 710.70 mandate that the issue of a statement’s voluntariness be submitted to the jury, even when the challenge to voluntariness is based solely on an alleged Miranda violation.
Court’s Reasoning
The Court of Appeals emphasized the clear and unambiguous language of CPL 60.45 and 710.70. CPL 60.45(2)(b)(ii) defines an involuntary statement as one obtained “in violation of such rights as the defendant may derive from the constitution of this state or of the United States.” CPL 710.70(3) requires the court to submit the issue of voluntariness to the jury. The court noted that CPL 60.45’s enactment in 1970 followed the Supreme Court’s decision in Miranda v. Arizona, suggesting a legislative intent to expand the concept of “involuntary statement” to include violations of constitutional rights during interrogation. The court rejected the argument that determining compliance with Miranda is solely a question of law for the court, stating that juries are regularly instructed on complex legal propositions. The court further stated that any concerns about the wisdom of submitting such issues to the jury should be addressed to the legislature, not the courts. Quoting Allen v Minskoff, the court stated that the laws “ ‘must be read and given effect as [they were] written by the Legislature, not as the court may think it should or would have written [them]’ ”.