People v. Riley, 21 N.Y.3d 945 (2013)
A sanction for the unnoticed return of stolen property is only required if the district attorney fails to demonstrate an absence of prejudice to the defendant; the choice of sanction rests within the trial court’s discretion.
Summary
Defendant Riley was convicted of stealing copper pipes. Prior to trial, the pipes were returned to their owner without the statutorily required notice to Riley. Riley requested an adverse inference instruction, arguing prejudice due to the inability to examine the pipes and assess their value independently. The trial court denied the request. The Court of Appeals held that a sanction is only required if the People fail to show the absence of prejudice, and the choice of appropriate action is within the trial court’s discretion. The court found no abuse of discretion here because the People offered defense counsel an opportunity to inspect the pipes, retained a representative sample, and provided photographs. The People’s appeal was dismissed because the modification by the Appellate Division was not “on the law alone”.
Facts
Defendant Louis Riley was accused of stealing copper pipes. A few months before the trial commenced, the copper pipes were returned to their rightful owner. The return occurred without the notice to the defendant required by Penal Law § 450.10. The prosecution had, six weeks prior to the return of the pipes, invited defense counsel to arrange a time to examine them.
Procedural History
The defendant was convicted at trial. He appealed, arguing that the trial court erred in denying his request for an adverse inference instruction as a sanction for the unnoticed return of the stolen pipes. The Appellate Division modified the trial court’s decision. The People appealed to the Court of Appeals. The Court of Appeals affirmed the Appellate Division’s order regarding Riley’s appeal and dismissed the People’s appeal.
Issue(s)
Whether the trial court abused its discretion by determining that the defendant did not suffer prejudice and declining to impose a sanction for the unnoticed return of stolen property.
Holding
No, because the People demonstrated an absence of prejudice to the defendant and the choice of sanction is committed to the sound discretion of the trial court.
Court’s Reasoning
The Court of Appeals relied on Penal Law § 450.10 (10), which states that a sanction for the return of stolen property without the requisite notice is required only when the district attorney does not demonstrate an absence of prejudice. The Court also cited People v. Kelly, 62 NY2d 516, 521 (1984), emphasizing that “the choice of ‘appropriate’ action is committed to the sound discretion of the trial court.”
The Court reasoned that the People had advised defense counsel to arrange a mutually convenient time to examine the copper pipes about six weeks before they were returned, but defense counsel did not follow up. The police retained a representative sample, which was admitted into evidence without objection, and defense counsel was provided with nearly 200 photographs of the copper pipes and the buildings. Given these circumstances, the trial court’s determination that the defendant did not suffer prejudice was not an abuse of discretion.
The court distinguished its holding from prior precedent regarding the appellate review of unpreserved errors, holding that, because the Appellate Division modification was not “on the law alone”, the People’s appeal must be dismissed pursuant to CPL 450.90 [2] [a].