People v. Chery, No. 159 (N.Y. 2016)

A defendant’s credibility can be impeached with omissions from a spontaneous statement to police when the omitted information would naturally have been included, and when the defendant has provided a different version of events at trial.

Summary

The New York Court of Appeals addressed whether a defendant’s trial testimony could be impeached using omissions from a spontaneous statement made to police at the scene of the crime. The defendant, Chery, was arrested for robbery after a physical altercation with a store employee. At the scene, Chery made a spontaneous statement to the police. During trial, Chery provided a different version of the events, including exculpatory details not present in his initial statement. The court held that the prosecutor was permitted to impeach Chery’s testimony by questioning the omissions from his initial statement to challenge his credibility because the omitted information was significant and would have been naturally included in the initial account. This exception to the rule against using silence to impeach a defendant’s testimony underscores the importance of consistency in statements when credibility is at issue.

Facts

On April 20, 2012, Chery and another man attacked a grocery store employee, robbing him of $215. Two witnesses observed the altercation. When police arrived, they found Chery with a metal object and observed that the employee was injured. Chery was arrested after the officer recovered an envelope containing $215 from his pocket. Prior to trial, the court allowed the responding officer to testify that Chery stated, "why isn’t [complainant] going to jail, he kicked my bike, he should be going to jail too." At trial, Chery testified that the complainant had initiated the altercation by kicking his bike and hitting him with a wooden board. He claimed he told the police that the complainant kicked his bike and that they had gotten into a fight.

Procedural History

The trial court denied Chery’s motion to suppress the spontaneous statement and allowed the responding officer’s testimony. The jury convicted Chery of robbery. The Appellate Division affirmed, concluding that omissions from Chery’s spontaneous statement were proper subjects for impeachment. The New York Court of Appeals granted leave to appeal.

Issue(s)

1. Whether it was error to allow the prosecution to use the defendant’s omissions from a spontaneous statement to impeach his trial testimony.

Holding

1. No, because it was permissible to use Chery’s omissions from his spontaneous statement to impeach his trial testimony under the specific circumstances of the case, where the omitted information was significant and would naturally have been included if true, especially since Chery provided a different version of events at trial.

Court’s Reasoning

The Court of Appeals began by differentiating the case from those concerning the constitutional right to remain silent, as Chery’s statement was spontaneous and pre-Miranda. The court then restated the general rule that pre-trial silence is inadmissible, with limited exceptions. The court referenced People v. Savage, which established an exception where omissions from a statement are admissible for impeachment. The court reasoned that, unlike in Savage, Chery’s statement was spontaneous and made before any Miranda warnings. Additionally, the nature of Chery’s statement, which described the complainant’s conduct, and its timing supported the impeachment because the context suggested that the omitted information would have naturally been included in the original statement. Because Chery provided a different version of events at trial, the credibility of his initial statement was properly questioned. The court emphasized that "when given circumstances make it most unnatural to omit certain information from a statement, the fact of the omission is itself admissible for purposes of impeachment." The Court found that because Chery chose to give an account, it was reasonable to question why he omitted key facts from the original version.

Practical Implications

This case has implications for how prosecutors and defense attorneys approach cases involving pre-trial statements, particularly those made spontaneously. Prosecutors can use omissions from a defendant’s prior statements to challenge their credibility, provided the circumstances make the omission significant and unnatural. Defense attorneys must advise clients of the risks associated with making any statements, even spontaneous ones, and the potential for impeachment based on those statements. The case highlights the importance of providing a consistent account of events to law enforcement and at trial. This case should inform legal practice in situations where a defendant’s story changes between an initial statement and trial testimony. Courts will likely focus on whether omitted facts are significant and whether their omission is inconsistent with the statement actually given.