People v. Perry, 67 N.Y.2d 834 (1986)
When the prosecution’s case rests entirely on circumstantial evidence, the trial court commits reversible error by refusing a defense request to instruct the jury on the nature and use of circumstantial evidence.
Summary
John Perry, a parking lot attendant, was robbed by masked gunmen. Police apprehended the defendant, Perry was unable to identify him, and no direct evidence linked the defendant to the robbery. The defense requested a circumstantial evidence charge, which the court initially agreed to provide but then failed to give. The New York Court of Appeals held that because the robbery case against the defendant was wholly circumstantial, the trial court’s refusal to provide a circumstantial evidence charge was reversible error, warranting a new trial on the robbery counts. The court also clarified that attempted murder in the first degree remains a viable charge in New York, despite the invalidation of the mandatory capital sentence associated with the completed crime of first-degree murder.
Facts
John Perry, a parking lot attendant, was robbed by three masked, armed men. The robbers tied Perry up and stole a car from the parking lot. Perry freed himself, flagged down a police car, and identified the stolen car. A high-speed chase ensued, and police apprehended two suspects. The defendant, armed, fled into a housing project and exchanged gunfire with pursuing officers. He then entered an auto repair shop, firing at the owner and an officer. After further pursuit, the defendant fired at officers before being apprehended. Perry could not identify the defendant as one of the robbers. The defendant was charged with attempted murder in the first degree, robbery in the first and second degrees, and criminal possession of a weapon.
Procedural History
The defendant was convicted of attempted murder in the first degree, robbery in the first and second degrees, and criminal possession of a weapon. At trial, the defense requested a circumstantial evidence charge regarding the robbery counts. The trial court initially agreed but failed to provide the charge and refused to do so when reminded. The Appellate Division affirmed the conviction. The New York Court of Appeals reviewed the case following the Appellate Division’s affirmation.
Issue(s)
1. Whether the trial court committed reversible error by refusing to provide a circumstantial evidence charge when the case against the defendant on the robbery counts was wholly circumstantial.
2. Whether attempted murder in the first degree is a nonexistent crime in New York, such that the defendant’s conviction must be reduced to attempted murder in the second degree.
Holding
1. Yes, because the case against the defendant on the robbery counts was entirely circumstantial, and the defendant requested a circumstantial evidence charge. Refusal to provide this charge was reversible error.
2. No, because while the mandatory capital sentence for first-degree murder was invalidated in People v. Smith, the substantive crime of first-degree murder, and therefore attempted murder in the first degree, remains viable under Penal Law § 125.27.
Court’s Reasoning
The Court of Appeals reasoned that because Perry could not identify the defendant and no direct evidence connected him to the robbery, the prosecution’s case was “wholly circumstantial.” Therefore, the trial court was obligated to provide a circumstantial evidence charge upon the defense’s request. The failure to do so deprived the defendant of a fair trial on the robbery charges. The Court cited People v. Ford, 66 NY2d 428 and People v. Sanchez, 61 NY2d 1022, as precedent supporting the necessity of a circumstantial evidence charge in such circumstances. Regarding the attempted murder charge, the Court clarified that its prior decision in People v. Smith, 63 NY2d 41, only invalidated the mandatory death sentence for first-degree murder, not the substantive crime itself. As the court stated, “It was the death sentence, not the crime of first degree murder, that we found unconstitutional. Section 125.27 of the Penal Law, therefore, remains viable as a substantive basis for a charge of attempted murder in the first degree.” This clarifies that the elements of first-degree murder, when coupled with an attempt, still constitute a valid crime, even though the ultimate penalty of death is no longer applicable.