People v. Ayala, 75 N.Y.2d 422 (1990)

Prior testimony from a Wade hearing is inadmissible at trial under CPL 670.10, but the erroneous admission of such testimony, along with inadmissible co-defendant statements, may be deemed harmless error if the properly admitted evidence of guilt is overwhelming and there is no significant probability that the jury would have acquitted without the errors.

Summary

Ayala was convicted of murder and attempted assault. The prosecution introduced a redacted transcript of a Wade hearing (testimony about a pre-trial identification) from an unavailable witness and redacted statements from separately prosecuted co-defendants. The Court of Appeals held that admitting the Wade hearing testimony violated CPL 670.10 and the co-defendant statements were inadmissible hearsay. However, the Court affirmed the conviction, finding these errors harmless due to the overwhelming eyewitness testimony establishing Ayala’s guilt in the stabbing death of the victim. The Court emphasized that harmless error analysis depends on the strength of the untainted evidence.

Facts

Defendant Ayala was involved in an initial fist fight with McKinley and Barrett. After this, Ayala and others sought out McKinley and Barrett. Ayala encountered McKinley and Barrett in a building lobby. Eyewitness Bunch saw Ayala “jump” McKinley and repeatedly punch him in the chest, resembling a stabbing motion. Gunshots were fired during the altercation. McKinley died from stab wounds to the heart and lungs.

Procedural History

Ayala was convicted of second-degree murder and attempted first-degree assault in the trial court. The Appellate Division affirmed the convictions, finding that the Wade hearing testimony and co-defendant statements were improperly admitted, but deemed the errors harmless. Ayala appealed to the New York Court of Appeals.

Issue(s)

1. Whether the prior testimony of an unavailable witness at a Wade hearing is admissible at trial under CPL 670.10.
2. Whether the admission of the Wade hearing testimony and co-defendant statements, if erroneous, constitutes harmless error.

Holding

1. No, because a Wade hearing does not fall within the enumerated categories of prior proceedings for which testimony is admissible under CPL 670.10.
2. Yes, because the properly admitted evidence of Ayala’s guilt was overwhelming and there is no reasonable possibility that the errors contributed to the conviction.

Court’s Reasoning

The Court reasoned that CPL 670.10 provides only three carefully worded exceptions to the rule against hearsay: testimony given at a trial, a felony hearing, or a conditional examination. A Wade hearing, a suppression hearing concerning pre-trial identification, does not fall under these exceptions. The court rejected the trial court’s expansive reading of the statute, emphasizing a narrow interpretation is appropriate in criminal matters.

The Court distinguished felony hearings, which involve a mini-trial of the People’s prima facie case, from suppression hearings, which focus on the propriety of official conduct. Legislative intent suggested a narrow reading of CPL 670.10. The harmless error analysis hinged on the strength of the untainted evidence. Here, eyewitness testimony overwhelmingly established that Ayala stabbed McKinley. Even using the more stringent harmless error standard for constitutional violations (admission of co-defendant statements), the Court held there was no reasonable possibility the errors contributed to the verdict given the eyewitness accounts. The Court emphasized that the significance of the erroneously admitted co-defendant statements was marginal in light of the other evidence.

The Court stated, “[E]ven this highly exacting harmless-error standard, however, does not demand that guilt be proven ‘indisputably’.”