People v. Tankleff, 84 N.Y.2d 992 (1994)
Exclusion of critical exculpatory evidence, particularly when concerning a justification defense, is not harmless error when it potentially influences the jury’s verdict, especially if the jury in a prior trial where the evidence was admitted was unable to reach a verdict.
Summary
Martin Tankleff was convicted of murder in his second trial. At the second trial, the court excluded the testimony of Tankleff’s son regarding a 911 call made during the crime, where the son reported someone had a gun. The son testified to that effect in the first trial, which ended in a hung jury. The Court of Appeals affirmed the conviction, finding the error harmless. The dissent argued the exclusion was not harmless because the 911 call testimony was crucial to Tankleff’s justification defense (i.e., that he acted in self-defense because he believed the victim had a gun). The dissent emphasized the potential impact this evidence could have had on the jury, especially considering the prosecutor’s focus on the absence of a gun found on the victim.
Facts
During an altercation, Tankleff’s son, Uli, made a 911 call from inside the house. At Tankleff’s first trial, Uli testified he told the 911 operator, “I said there is somebody with a gun… There are people here. They got guns and there is going to be a problem.” At the second trial, the prosecution objected to this testimony, claiming the 911 tape was excluded as hearsay in the first trial (a misrepresentation). Other family members testified they believed the victim possessed a gun.
Procedural History
Tankleff was convicted of murder after a second trial; his first trial resulted in a hung jury. At the second trial, the trial court excluded Uli’s 911 call testimony, which had been admitted in the first trial. Tankleff appealed, arguing the exclusion of the 911 testimony was reversible error. The appellate division affirmed the conviction, and Tankleff appealed to the New York Court of Appeals. The Court of Appeals affirmed.
Issue(s)
Whether the trial court’s exclusion of the 911 call testimony from the defendant’s son, Uli, regarding the presence of a gun, constitutes harmless error when the testimony was admitted in the first trial, which resulted in a hung jury, and when the defendant is asserting a justification defense.
Holding
No, the exclusion of the testimony was harmless error because other evidence presented at trial established the defendant’s guilt.
Court’s Reasoning
The majority found the error harmless. The dissent argued that excluding Uli’s 911 testimony was not harmless error. The dissent reasoned the testimony was critical to Tankleff’s justification defense. The dissent emphasized that the 911 call served as objective support for the claim that the victim possessed a gun. The dissent cited People v. Crimmins, 36 N.Y.2d 230, 242, noting that if there is a “significant probability” that the error contributed to the conviction, it cannot be deemed harmless. The dissent pointed to the fact that the first trial, where the 911 testimony was admitted, resulted in a hung jury, suggesting the evidence’s potential to create reasonable doubt. The dissent also noted the prosecutor’s focus on the absence of a gun found on the victim during summation further highlighted the importance of the excluded testimony.
The dissent also cited recent cases where the Court rejected harmless error claims involving less substantial errors, such as People v Taylor, 80 NY2d 1, 11, People v Johnson, 80 NY2d 798, 799, People v Vasquez, 76 NY2d 722, 725, and People v Newball, 76 NY2d 587, 592. The dissent concluded that the trial court’s error, contributed to by the prosecutor’s misrepresentation, likely affected the verdict, thus warranting a new trial.