24 N.Y.3d 32 (2014)

A trial court abuses its discretion when it denies a mistrial or fails to strike testimony when the prosecution’s introduction of the evidence surprises the defense and undermines its trial strategy, especially when it contradicts prior representations made by the prosecution.

Summary

In People v. Shaulov, the New York Court of Appeals reversed the Appellate Division and ordered a new trial because the trial court erred by denying the defendant’s motion for a mistrial or to strike testimony that constituted a prejudicial surprise. The prosecution had previously represented that there would be no “prompt outcry” testimony from the complainant, but then elicited such testimony at trial. The Court held that this surprise testimony, which contradicted the prosecution’s pretrial statements, fundamentally changed the defendant’s trial strategy and substantially prejudiced his case. The failure of the prosecution to disclose the information and correct its prior representation warranted a new trial.

Facts

Boris Shaulov was charged with multiple counts of sexual assault. Prior to trial, the prosecution explicitly represented that there would be no “prompt outcry” testimony. Relying on this representation, defense counsel structured the opening statement and prepared cross-examination. During the trial, the complainant testified that she had told a friend “what happened” shortly after the alleged assault, which the prosecution had expected. Defense counsel objected, arguing this constituted prompt outcry testimony, which the prosecution had previously disavowed. The trial court denied the motion for a mistrial and allowed the testimony, finding it was not a surprise that unduly prejudiced the defendant.

Procedural History

The trial court denied Shaulov’s motion for a mistrial, allowing the disputed testimony. Shaulov was convicted. The Appellate Division affirmed the conviction. The Court of Appeals granted leave to appeal.

Issue(s)

1. Whether the trial court abused its discretion by denying the defendant’s motion for a mistrial or to strike the surprise testimony?

Holding

1. Yes, because the surprise testimony undermined the defendant’s trial strategy and contradicted the prosecution’s prior representation, creating substantial prejudice.

Court’s Reasoning

The Court of Appeals held that the trial court abused its discretion by denying the mistrial or striking the testimony. The Court found that the testimony that the complainant told a friend “what happened” was a prejudicial surprise. The prosecution’s prior representation that there would be no prompt outcry evidence led the defense to structure its case on that basis. The surprise testimony undermined the defense’s strategy and credibility. The Court cited People v. Davis, 43 N.Y.2d 17, stating that relevant evidence “may be rejected if its probative value is outweighed by the danger that its admission would . . . unfairly surprise a party.” The Court also emphasized that the prosecution had an obligation to correct its prior representation. The Court noted the prejudice was substantial because the surprise testimony affected voir dire, opening statements, and the defense’s overall approach to the case. The Court considered the timing of the error, occurring early in the trial, as well.

Practical Implications

This case underscores the importance of the prosecution’s candor and accuracy in its representations to the court and opposing counsel. Attorneys must prepare their cases based on these representations. Failure to correct a prior representation, especially when new information becomes available, can lead to a mistrial. This case reinforces the principle that the prosecution has a duty to disclose exculpatory information that would otherwise be harmful to the defendant. It highlights that a surprising change in the prosecution’s case can be a basis for overturning a conviction where it causes demonstrable prejudice. Defense attorneys should immediately object and move for a mistrial when the prosecution introduces testimony that violates a previous agreement or representation. This case demonstrates the risks associated with introducing new evidence and testimony that contradicts prior information or promises given to opposing counsel. Later cases will need to consider whether the surprise was truly prejudicial, and whether the party had an opportunity to respond.