People v. Velasquez, 1 N.Y.3d 44 (2003)
A criminal defendant must present substantial evidence to rebut the presumption of regularity that attaches to all criminal proceedings, including the issuance of supplemental jury instructions.
Summary
Velasquez was convicted of assault in the first degree. He appealed, arguing that the trial court erred by redacting a portion of the complainant’s hospital record and violated his right to be present during supplemental jury instructions. The New York Court of Appeals affirmed the conviction, holding that the trial court properly redacted the hospital record because the defendant had access to toxicology results and did not rely on the complainant’s intoxication. The Court also found that the defendant failed to present substantial evidence to rebut the presumption of regularity in criminal proceedings regarding his presence during jury instructions.
Facts
Velasquez and the complainant resided in the same rooming house. An incident occurred, and Velasquez was charged with assault in the first degree. At trial, Velasquez raised a defense of justification, arguing that he acted in self-defense. The complainant’s hospital record was admitted into evidence. The trial court redacted a resident physician’s notation stating that complainant was too drunk to consent to surgery.
Procedural History
Velasquez was convicted of first-degree assault based on a jury verdict in the trial court. He appealed the conviction, arguing that the redaction of the hospital record and his absence during supplemental jury instructions constituted reversible error. The Appellate Division affirmed the conviction, and Velasquez appealed to the New York Court of Appeals.
Issue(s)
1. Whether the trial court erred in redacting a portion of the complainant’s hospital record stating that the complainant was too drunk to consent to surgery.
2. Whether the court violated the defendant’s right to be present during the issuance of supplemental jury instructions.
Holding
1. No, because the defendant had access to the complainant’s toxicology results and did not rely on the complainant’s intoxication as part of his defense.
2. No, because the defendant failed to come forward with substantial evidence to rebut the presumption of regularity that attaches to all criminal proceedings.
Court’s Reasoning
The Court of Appeals held that the trial court acted within its discretion in redacting the hospital record. The Court noted that the defendant possessed the laboratory results showing the complainant’s toxicology level. Critically, the Court highlighted that the defendant did not base his defense on the complainant’s intoxication. Therefore, the redacted information was not essential to the defense. Regarding the defendant’s presence during supplemental jury instructions, the Court emphasized the “presumption of regularity that attaches to all criminal proceedings.” The burden was on the defendant to present “substantial evidence” to overcome this presumption. Since Velasquez failed to do so, his claim was rejected. The Court cited *People v. Harris, 61 NY2d 9, 16 [1983]* and *People v. Richetti, 302 NY 290, 298 [1951]*, reaffirming the long-standing principle of presumed regularity in court proceedings. The Court found no basis to overturn the conviction, upholding the decisions of the lower courts.