People v. Warren, 20 N.Y.3d 36 (2012)
When a co-defendant in a joint trial waives the right to a jury trial, creating a situation akin to a trial with dual juries, prejudice to the remaining defendant must be assessed, and the court must ensure that the jury does not hear evidence admissible only against the co-defendant.
Summary
Damien Warren was convicted of murder and weapon possession in a joint trial with two co-defendants, one of whom waived his right to a jury trial. The co-defendant who waived the jury then testified, implicating Warren. Warren argued that it was prejudicial for the jury to hear the co-defendant’s testimony after the prosecution rested its case against him. The New York Court of Appeals held that because the co-defendant’s testimony was highly prejudicial to Warren and would not have been admissible in a separate trial, the trial court erred in allowing the jury to hear it. The Court of Appeals affirmed the Appellate Division’s reversal of Warren’s conviction.
Facts
Damien Warren and three co-defendants were jointly indicted for murder and weapon possession related to a drug-related shooting. One co-defendant, Eric Young, who had waived his right to a jury trial, was offered a plea deal in exchange for his testimony. Another co-defendant, Marvin Howard, also waived his right to a jury trial. A witness identified Warren as the shooter. Howard testified and implicated Warren. The jury convicted Warren, while the judge acquitted Howard.
Procedural History
Warren was convicted in County Court. He appealed, arguing that the trial court erred in allowing Howard to testify before the jury. The Appellate Division reversed Warren’s conviction. The People appealed to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s decision, reversing Warren’s conviction.
Issue(s)
Whether the trial court erred in allowing the jury to hear the testimony of a co-defendant who had waived his right to a jury trial, when that testimony was prejudicial to the remaining defendant and would not have been admissible in a separate trial.
Holding
Yes, because the situation was analogous to a trial with dual juries, and the trial court failed to shield Warren’s jury from prejudicial evidence only relevant to the co-defendant’s bench trial.
Court’s Reasoning
The Court of Appeals reasoned that when Howard waived a jury trial, the situation became similar to a trial with dual juries, requiring a showing of prejudice to entitle Warren to relief. The Court emphasized that the People could not have forced Howard to testify against Warren and that the judge could have easily excused the jury during Howard’s defense. The Court noted that in cases involving multiple juries, trial judges must shield each jury from evidence admissible only before the other. The fact that the second fact-finder was the court (for Howard) and not a jury did not alter the analysis.
The Court further noted that if Howard had not waived a jury trial, Warren could have made a strong case for severance because their defenses were irreconcilable. In that case, Warren’s jury would not have been permitted to hear the witnesses who testified on Howard’s behalf. The Court concluded that the judge’s failure to prevent the jury from hearing Howard’s defense was not harmless because the prosecutor adopted Howard’s narrative during summation, emphasizing that Howard corroborated the People’s case against Warren. The Court stated: “the prosecutor repeatedly referenced [Howard’s testimony] during his summation to the jury, emphasizing that, although he was not the People’s witness, he had corroborated the People’s proof’ against Warren.” (87 AD3d at 39). The Court thus determined that Howard’s vivid account may have unfairly influenced the jurors against Warren. The ruling reinforces the principle that modified severances require the same protections as full severances to prevent prejudice.