People v. Gary, 33 N.Y.3d 1018 (2019)

A trial court may exercise discretion to relieve a party from a stipulation admitting evidence, particularly where the evidence is prejudicial, inadmissible, and escaped counsel’s attention, provided it does not significantly prejudice the opposing party.

Summary

In People v. Gary, the New York Court of Appeals addressed the enforceability of stipulations and the timing of objections to evidence. The defendant was convicted of conspiracy, and part of the prosecution’s evidence included a verification-of-employment form containing a handwritten note. The defense had initially stipulated to the admissibility of numerous documents, including this form. After unobjected-to testimony referencing the note, the defense raised a hearsay objection and moved to strike the evidence. The trial court denied the motion, citing the lack of a timely objection and the previously admitted testimony. The Court of Appeals affirmed, holding that the trial court did not abuse its discretion, as the defendant offered no plausible excuse for not seeking relief from the stipulation earlier, especially given the unobjected-to testimony. The court emphasized that although stipulations are generally binding, the trial court can exercise discretion, particularly if the opposing party is not significantly prejudiced.

Facts

The defendant was charged with conspiracy related to a mortgage fraud scheme. The prosecution introduced evidence, including a verification-of-employment form for a loan applicant, which the defense had stipulated to admit. The form contained a handwritten note referencing a phone conversation confirming the applicant’s employment. A witness testified without objection about the contents of the note. The defense later objected to the note and sought to strike the evidence, arguing hearsay.

Procedural History

The defendant was convicted in a non-jury trial. The trial court denied the defendant’s motion to strike the disputed evidence. The Appellate Division affirmed the conviction. The Court of Appeals heard the appeal, specifically addressing the trial court’s discretion in enforcing the stipulation and the timeliness of the objection.

Issue(s)

1. Whether the trial court abused its discretion by not relieving the defendant of the stipulation admitting the verification-of-employment form containing the disputed note?

2. Whether the admission of the handwritten note violated the defendant’s right to confrontation?

Holding

1. No, because the trial court did not abuse its discretion in denying the motion to strike the evidence, considering the lack of a timely objection and the unobjected-to testimony.

2. No, because the note was not testimonial hearsay and its admission did not violate the defendant’s right to confrontation.

Court’s Reasoning

The court recognized that stipulations are generally binding. However, the court held that a trial court has the discretion to relieve a party from a stipulation, especially when dealing with voluminous materials and potentially prejudicial evidence that may have escaped counsel’s attention. The Court of Appeals found that the trial court did not abuse its discretion because the defendant failed to make a timely objection, and the note was discussed without objection earlier in the trial. The court noted that the defendant offered no plausible excuse for failing to seek an exception from the stipulation earlier. Further, the court found that the note was not testimonial hearsay and that the admission of the note did not violate the defendant’s right to confrontation because it was not created to be used at trial, and even if excluded, other similar evidence was admitted without objection. The court pointed out the evidence was “practically redundant” because of the similar content in the lender’s notes, which were also admitted pursuant to the parties’ pretrial stipulation.

Practical Implications

This case emphasizes the importance of timely objections to evidence. Lawyers must carefully review stipulations and raise objections promptly. The case shows that the court has discretion to relieve a party from a stipulation, but that discretion will be exercised cautiously, especially where there is no timely objection and no prejudice to the opposing party. This case also reinforces that the court must balance the principles of judicial efficiency and fairness. Furthermore, the case illustrates that even if evidence is admitted erroneously, it may not be reversible error if the same information is presented through other properly admitted evidence. Defense counsel must be diligent in reviewing all documents and evidence to which a stipulation applies. This ensures that they can timely address any inadmissible materials. The court’s emphasis on timeliness underscores that a party cannot wait until after damaging testimony is presented to object to the admission of evidence.