People v. Shapiro, 50 N.Y.2d 747 (1980)

A trial court abuses its discretion when it denies severance of indictments involving numerous counts of sex crimes from indictments involving promoting prostitution, especially when the prosecutor intimidates defense witnesses with perjury charges.

Summary

Elliot Shapiro was convicted of promoting prostitution, endangering the welfare of a minor, and multiple counts of sodomy. The Court of Appeals reversed, holding that the trial court abused its discretion by consolidating indictments, as the sheer number of sodomy counts prejudiced Shapiro’s defense against the prostitution charges. The court also found prosecutorial misconduct where the District Attorney repeatedly and unqualifiedly warned defense witnesses that they would be prosecuted for perjury if their testimony favored Shapiro, effectively depriving him of his right to compulsory process. Finally, the court ruled that the eavesdropping orders were invalid as they exceeded the bounds of the federal wiretapping statute.

Facts

Shapiro was charged with multiple counts of sodomy over 17 months with eight underage boys (Indictment No. 143). He was also charged with promoting prostitution and endangering the welfare of a minor based on a single incident on January 31, 1974, when police found him and another underage boy nude in his home, along with other adults and underage boys (Indictment Nos. 117 and 118). The police obtained evidence for the latter indictments through court-ordered wiretapping. Shapiro claimed he was merely a patron, not a promoter, of prostitution.

Procedural History

Shapiro was convicted in the County Court, Westchester County. The Appellate Division affirmed the conviction but modified the sentence. Shapiro appealed to the New York Court of Appeals, arguing improper joinder of indictments, prosecutorial misconduct, and invalid eavesdropping orders.

Issue(s)

1. Whether the trial court abused its discretion by consolidating Indictment No. 143 (multiple sodomy counts) with Indictment Nos. 117 and 118 (promoting prostitution and related charges).
2. Whether the District Attorney’s warnings to defense witnesses regarding perjury violated Shapiro’s due process rights.
3. Whether the eavesdropping orders exceeded the bounds of the federal wiretapping statute.

Holding

1. Yes, because the multiplicity of sodomy counts in Indictment No. 143 carried an almost irresistible potential for prejudicing Shapiro’s defense against the charges arising out of the January 31, 1974, incident.
2. Yes, because the District Attorney’s repeated and unequivocal warnings to the witnesses effectively deprived Shapiro of his right to compulsory process.
3. Yes, because the state law, as applied to authorize wiretaps for crimes not involving force or danger to life or limb, contravened the requirements of section 2516 of the federal statute.

Court’s Reasoning

The Court reasoned that the joinder of the indictments was prejudicial because the numerous sodomy counts created an inference of indiscriminate propensity, unfairly impacting the defense against the promoting prostitution charges. The court highlighted the lack of physical evidence of sodomy with one of the boys found in Shapiro’s home during the police raid. Furthermore, the prosecutor’s intimidation of defense witnesses by threatening perjury charges violated Shapiro’s due process rights. The court emphasized that the witnesses sought assurance against prosecution for inconsistencies in prior testimony, not immunity for false statements at Shapiro’s trial. The court cited Webb v. Texas, stating that substantial interference by the State with a defense witness’ free and unhampered choice to testify violates due process. Finally, the court found that the eavesdropping orders were invalid because they exceeded the scope of permissible state regulation under the federal wiretapping statute (18 U.S.C. § 2516(2)). The court noted that the federal statute limits wiretapping authorization to major offenses involving harm or the substantial threat of harm to the person, and that New York’s statute was broader than federal law. The court emphasized that, while the state’s interest in criminalizing participation with minors in prostitution or sexual abuse is compelling, the wiretaps here were for crimes not involving the use of force or danger to life or limb, thus violating federal law. The Court stated, “The provisions of title 3 do more than codify bare constitutional requisites; they manifest a Congressional design to protect the privacy of wire and oral communications by confining State authorization for eavesdropping by wiretap to what in Congress’ view are appropriate and compelling circumstances”.