People v. падшие, 68 N.Y.2d 1046 (1986)

In a joint trial, a confession by one defendant that implicates a co-defendant is inadmissible against the co-defendant unless it can be effectively redacted to remove all references to the co-defendant without prejudice to the confessing defendant; the prosecution must prove that the defendant made the statement and that the redaction is effective.

Summary

The New York Court of Appeals reversed the Appellate Division’s order, suppressed a joint statement, and ordered a new trial for the defendant. The defendant was jointly tried with another individual on drug charges. A police officer testified about a joint statement made by both defendants. Because the statement was inadmissible against the co-defendant due to lack of notice, the trial court redacted it, substituting singular pronouns for plurals. The Court of Appeals held that the prosecution failed to establish that the statement was actually made by the defendant or that it could be effectively redacted without prejudice to the defendant. Therefore, the admission of the redacted statement was erroneous and warranted a new trial. The court also clarified that retrial on counts not considered by the jury would not violate double jeopardy principles.

Facts

The defendant was jointly tried with a co-defendant on drug charges related to the possession of cocaine and marijuana. An arresting officer testified at a Huntley hearing about a joint statement made by the two defendants just before their arrest. According to the officer, both defendants stated that the marijuana bag was theirs and that they had been selling marijuana through a peephole for a man named Oswald, and that they were getting high. The prosecution sought to introduce this statement at trial.

Procedural History

The trial court permitted the redacted joint statement to be admitted into evidence. The jury found the defendant guilty on one count. The Appellate Division affirmed the trial court’s decision. The defendant appealed to the New York Court of Appeals, arguing that the admission of the redacted statement was prejudicial and violated his rights.

Issue(s)

1. Whether the trial court erred in admitting a redacted joint statement where the prosecution failed to establish that the defendant made the statement and that it could be effectively redacted without prejudice to the defendant.
2. Whether retrial on counts not considered by the jury due to a guilty verdict on another count violates double jeopardy principles.

Holding

1. Yes, because the prosecution failed to establish that the statement was made by the defendant and that it could be effectively redacted without prejudice to him. By changing the pronouns and attributing the entire statement to the defendant, the jury was misled into believing that all admissions were made by him, which was not proven.
2. No, because jeopardy was never terminated by acquittal or dismissal of those counts. The jury did not consider those counts, so retrial does not violate double jeopardy principles.

Court’s Reasoning

The Court of Appeals reasoned that before the redacted evidence could be received, the People had to establish that the statement was made by the defendant and that it could be effectively redacted without prejudice to him. The Court cited People v. Wheeler, 62 NY2d 867, 869, People v Boone, 22 NY2d 476, 486 and People v La Belle, 18 NY2d 405, 411. The police officer testified that he could not ascertain which admissions were attributed to the defendant because both suspects spoke simultaneously. Because no other evidence established the speaker, the People failed to meet their burden. “By changing the pronouns and permitting the officer to testify at trial that defendant made the entire statement, the jury was led to believe that all of the admissions had been made by defendant when in fact the People had not established that he made any of them.”

Regarding the double jeopardy claim, the Court relied on People v. Jackson, 20 NY2d 440, holding that when a jury is not given the opportunity to return a verdict on some offenses charged, its failure to do so cannot be construed as an acquittal barring retrial. The court noted that the judge instructed the jury that they did not have to consider the remaining counts if they found the defendant guilty on count one, and the jury followed that instruction. Because jeopardy was never terminated by acquittal or dismissal of those counts, retrial would not violate double jeopardy principles, citing Richardson v. United States, 468 US 317, Justices of Boston Mun. Ct. v. Lydon, 466 US 294, and People v. Jackson.