People v. Castro, 19 N.Y.2d 14 (1966)

When defense counsel explicitly waives a challenge to the voluntariness of a confession as a strategic decision, a post-conviction hearing on voluntariness is not required, even if objections to the confession were initially raised.

Summary

Defendant Castro was convicted of second-degree murder. At trial, defense counsel initially objected to the admission of Castro’s confession, arguing coercion. However, the trial judge raised the issue of voluntariness, and defense counsel explicitly stated that the defense was not contending the confession was coerced, making a strategic decision not to have the jury consider the voluntariness of the confession. On appeal, Castro sought a hearing on the voluntariness of his confession, relying on People v. Huntley. The New York Court of Appeals held that because defense counsel strategically waived the issue of voluntariness, a post-conviction hearing was not required. The court emphasized that counsel must be allowed to control the case and that strategic decisions should not be easily undone based on future changes in the law.

Facts

Defendant Castro was convicted of second-degree murder for fatally stabbing Julio Rosario during a gang fight. An eyewitness testified to seeing Castro stab Rosario. Castro also made admissions to the police and an assistant district attorney. Prior to trial, Castro informed his attorney that the confession was coerced. At trial, Castro’s attorney initially objected to the admission of Castro’s statements to the police, arguing coercion, intimidation, and involuntariness. However, after the trial judge inquired about a jury instruction on voluntariness under Section 395 of the Code of Criminal Procedure, Castro’s attorney stated the defense was not contending the statements were coerced or involuntary. This decision was made strategically to avoid cross-examination of Castro.

Procedural History

Castro was convicted of second-degree murder in the General Sessions of New York County. He appealed the conviction, arguing that he was entitled to a hearing on the voluntariness of his confession under People v. Huntley. The Appellate Division denied his motion for a hearing. Castro then appealed to the New York Court of Appeals.

Issue(s)

Whether a defendant is entitled to a post-conviction hearing on the voluntariness of a confession when defense counsel initially objected to the confession but later explicitly waived the issue of voluntariness as a strategic decision at trial.

Holding

No, because defense counsel made a strategic decision to waive the issue of voluntariness, counsel cannot later challenge that decision, and no hearing is required.

Court’s Reasoning

The Court of Appeals distinguished the case from People v. Huntley, noting that while objections to the admissibility of the confession were initially raised, defense counsel expressly waived submission of the voluntariness question to the jury. The court emphasized that counsel’s statement that the “defendant does not contend that the statements * * * were coerced, were involuntary” was an affirmative and strategic decision. The court quoted defense counsel’s affidavit explaining the strategic reasoning: avoiding potentially damaging cross-examination of the defendant. The court reasoned that in an adversary system, counsel must be allowed to control the case, and strategic decisions should not be readily undone based on later changes in the law. The court stated, “If the rule were the other way nothing in the criminal law would ever be settled.” Furthermore, the court noted that defense counsel had used aspects of the confession in summation, which was consistent with the earlier statement that the defendant did not contend the statements were involuntary. The court affirmed the judgment of conviction.