94 N.Y.2d 307 (1999)
Circumstantial evidence can establish that a defendant heard and understood a statement, thus laying the foundation for admitting the statement as an adoptive admission.
Summary
Randy Campney was convicted of burglary based on his brother Burton’s confession and Randy’s subsequent statement. After Burton confessed to police that he and Randy committed the burglary, he asked to speak with Randy. After their private conversation, Randy told Burton he “might as well sign it.” The New York Court of Appeals held that the trial court properly allowed the jury to determine whether Randy adopted Burton’s statement as his own, based on the circumstantial evidence. The court reasoned that a jury could infer Randy had read the statement. This case clarifies the use of circumstantial evidence in determining the admissibility of adoptive admissions.
Facts
A Stewart’s convenience store was burglarized. Randy Campney and his brother, Burton, were arrested. Randy invoked his right to counsel and was placed in a room handcuffed. Burton gave a statement detailing the burglary, implicating both himself and Randy. Before signing the statement, Burton asked to speak with Randy. The police allowed the brothers to confer privately for 10-15 minutes. Afterward, officers observed Randy holding Burton’s written statement. Burton asked Randy if he should sign it, and Randy replied, “You might as well sign it, you already told them all about what happened.” Burton then signed the statement.
Procedural History
Randy was indicted for burglary. He moved to suppress his statement. The trial court denied the motion, ruling a foundation was laid for admission. At trial, an officer testified about Randy’s statement, and Burton’s written confession was admitted as an adoptive admission. Burton testified he alone committed the crime, and the prosecution impeached him with his prior statement. The jury convicted Randy, and the Appellate Division affirmed. The dissenting Justice granted leave to appeal to the Court of Appeals.
Issue(s)
Whether circumstantial evidence can be used to establish that a defendant heard and understood a statement, thus allowing that statement to be admitted as an adoptive admission.
Holding
Yes, because based on the totality of the circumstances, the trial court had enough evidence before it to deduce that the defendant had read or been informed of the contents of the statement, understood its implications, and affirmatively adopted the statement as his own.
Court’s Reasoning
The Court of Appeals reasoned that an adoptive admission occurs when a party acknowledges and assents to something already uttered by another, effectively making it the party’s own admission. While the Court has cautioned against admitting reactions to accusatory queries without demonstrating that the person heard and understood the assertion, it also recognized that circumstantial evidence may be used to determine whether a defendant apprehended a statement and understood its implications. Here, Randy and Burton conferred privately for 10-15 minutes after Burton confessed. Randy was observed holding Burton’s statement and advised Burton to sign it. This evidence supports the inference that Randy read or was informed of the statement’s contents, understood its implications, and adopted it as his own. The Court distinguished this case from situations involving silence, where the potential for manufactured evidence and ambiguity are greater. The court stated, “When an adoptive admission involves defendant’s acquiescence by silence, this Court has noted that ‘[t]here are circumstances in which the declarations of persons made in the presence of an accused are competent; but they are regarded as dangerous and should always be received with caution and should not be admitted unless the evidence clearly brings them within the rule’ (People v Conrow, 200 NY 356, 367).” Because Randy’s statement was spontaneous and not the product of interrogation, it was admissible even though he had invoked his right to counsel.