People v. Carfero, 27 N.Y.2d 427 (1971)

A defendant is entitled to examine their confession or other statements made to law enforcement before trial to intelligently prepare a defense, absent specific circumstances indicating it would harm the public interest.

Summary

The defendant, Carfero, was convicted of first-degree murder after confessing to the crime. Prior to trial, his request to inspect his confession was denied, though he received a copy the day before the trial. The New York Court of Appeals held that while the pretrial motion for inspection should have been granted, the denial was harmless error because the defense received the confession before the trial began. The court reasoned that denying inspection could hinder the defendant’s ability to prepare a defense, but in this case, the late disclosure did not prejudice the defendant.

Facts

Christa Carfero was stabbed to death. Three days later, police took the defendant into custody for questioning. The defendant claimed he had “nothing to hide” and went to the station. He was informed of his Miranda rights and questioned about the Carfero murder. He stated he “didn’t do anything” and didn’t need a lawyer. After two hours, he confessed to the murder. He was re-advised of his rights and signed a written confession prepared by the police.

Procedural History

The defendant was indicted for first-degree murder. He moved for inspection of his confession before trial, but the application was denied. He received a copy of the statement during a Huntley hearing. The hearing judge found the confession admissible, determining the defendant had been properly advised of his rights and had waived them knowingly and intelligently. The trial commenced the next day.

Issue(s)

Whether the trial court erred in denying the defendant’s pretrial motion to inspect his confession, and if so, whether such error warrants reversal of the conviction.

Holding

Yes, the motion for inspection should have been granted, but no, the error was harmless because the defendant received the confession before the trial began and was not prejudiced by the delayed disclosure.

Court’s Reasoning

The court reasoned that a defendant should generally be allowed to inspect any statements made to law enforcement to prepare a defense. Examination of the confession allows for assessing its voluntariness, factual accuracy, and potential prejudicial content. The court emphasized the importance of allowing defense counsel to identify and address any issues before trial. The court noted that the new Criminal Procedure Law (effective September 1, 1971) would expressly provide a defendant with the right to “a written or recorded statement” made to law enforcement, if the statement is under the custody or control of the District Attorney. The court acknowledged the error in denying the motion but concluded that the defendant was not prejudiced because his lawyer received the confession the day before the trial. The court applied Code of Criminal Procedure § 542 stating the error was harmless. The court found no support for the claim that the defendant was harmed by the late receipt of the confession. Therefore, the judgment of conviction was affirmed.