People v. Grega, 72 N.Y.2d 489 (1988)

A conviction must be reversed when the trial court reverses its prior ruling, after the defense relied on that ruling in its summation, concerning an element the prosecution needed to prove.

Summary

Defendant was convicted of first-degree manslaughter. The indictment alleged the victim’s death was caused “by shooting him.” At trial, medical evidence was unclear whether the head wound was from a bullet or something else. The defense requested the jury be instructed to acquit if the injury wasn’t caused by a shooting, which the court initially agreed to. During closing arguments, the defense emphasized the uncertainty of a shooting and argued for acquittal if there was reasonable doubt. However, during deliberations, the court changed its ruling, stating the jury could convict even if the death wasn’t caused by a gun. The Court of Appeals reversed the conviction, holding that the trial court’s reversal of its position after the defense relied on it in summation was prejudicial error.

Facts

Defendant was indicted for first-degree manslaughter, accused of causing Dana Oliver’s death “by shooting him.” Medical evidence presented at trial was ambiguous, failing to conclusively establish whether Oliver’s head wound was inflicted by a bullet or another object.

Procedural History

The defendant was convicted of first-degree manslaughter. On appeal, the Appellate Division affirmed the conviction. The New York Court of Appeals reversed the Appellate Division’s order and ordered a new trial, finding that the trial court committed prejudicial error.

Issue(s)

Whether the defendant’s conviction should be reversed because the trial court reversed its prior ruling regarding the necessary elements of the crime after the defense had relied on that ruling during its closing argument.

Holding

Yes, because it was prejudicial error for the trial court to reverse its stance on a crucial element of the crime after assuring the defendant that it would charge the jury as requested, and after the defendant had premised his summation on that understanding.

Court’s Reasoning

The Court of Appeals focused on the trial court’s reversal of its ruling during jury deliberations. Initially, the trial court agreed to instruct the jury that the prosecution needed to prove beyond a reasonable doubt that the defendant shot the victim. Defense counsel then based his closing argument on this assurance, arguing that the jury should acquit if they had reasonable doubt that the wound was caused by a gunshot. The court noted that the trial court’s later instruction, which allowed the jury to convict even if the death was caused by means other than a gun, undermined the defense’s strategy. The court stated, “it was error, prejudicial to defendant, for the court to reverse its stance after assuring defendant that it would charge as he requested and after defendant had premised his summation on that theory.” The Court did not address whether the defendant could have been properly convicted if the jury concluded no shooting occurred, but rested its decision solely on the prejudice created by the change in the court’s position. This prejudiced the defendant because he relied on the court’s initial ruling when formulating his defense and presenting his closing argument to the jury. Allowing the court to change its position mid-trial essentially deprived the defendant of a fair opportunity to defend himself.