People v. Lipsky, 57 N.Y.2d 582 (1982)

A conviction can be sustained based on a confession supported by circumstantial evidence suggesting a crime was committed, even without direct proof of death or criminal agency, overruling the prior requirement of direct proof of death.

Summary

Lipsky confessed to murdering Mary Robinson, a prostitute, in Rochester, NY. Robinson’s body was never found. The prosecution presented evidence that Robinson disappeared, her belongings were found in Lipsky’s apartment, and Lipsky made incriminating statements. The trial court dismissed the indictment, holding that the confession was not adequately corroborated. The Court of Appeals reversed, holding that CPL 60.50 requires only some additional proof that the offense charged has been committed, and that circumstantial evidence, when considered with the confession, was sufficient to present a question for the jury.

Facts

Mary Robinson disappeared on June 10, 1976. She was last seen in Rochester, NY. Robinson worked as a prostitute. Lipsky was an accounting student in Rochester. After Robinson’s disappearance, her purse, sandals, wallet, glasses, and identification card were found in Lipsky’s apartment. Lipsky told a friend the items belonged to a former tenant. He moved to Arizona shortly after Robinson’s disappearance. Lipsky later confessed in Utah to murdering Robinson, stating he strangled her after paying her for sex. He said he dumped her body down a gully south of Rochester. Lipsky’s poem found in his apartment alluded to taking a life. Two coworkers testified Lipsky admitted to killing someone.

Procedural History

Lipsky was convicted of second-degree murder. The trial court granted a motion for judgment notwithstanding the verdict, dismissing the indictment due to insufficient corroboration of the confession. The Appellate Division affirmed. The Court of Appeals reversed the Appellate Division’s order and reinstated the jury verdict.

Issue(s)

Whether, under CPL 60.50, a conviction for murder can be sustained solely upon evidence of a confession, without direct proof of death or criminal agency, where there is circumstantial evidence suggesting the commission of a crime.

Holding

Yes, because CPL 60.50 requires only “additional proof that the offense charged has been committed,” and circumstantial evidence, when considered in connection with the confession, can be sufficient to present a question for the jury.

Court’s Reasoning

The Court of Appeals addressed two rules: the Ruloff rule requiring direct proof of death and the confession-corroboration rule (CPL 60.50). The court overruled Ruloff v. People, which required direct proof of death in murder cases, finding it outdated and out of harmony with the general rule that the corpus delicti may be established by circumstantial evidence. The court emphasized that CPL 60.50 requires only some additional proof that the offense charged has been committed; it does not require proof that connects the defendant to the crime. The court stated that the additional proof need not exclude every reasonable hypothesis of innocence. The confession could be used as a “key or clue to the explanation of circumstances, which, when so explained, establish the criminal act” (quoting People v. Cuozzo, 292 N.Y. 85, 92). The Court found that the circumstances of Mary Robinson’s disappearance, including her belongings being found in Lipsky’s apartment, his sudden departure from Rochester, and his incriminating statements, were sufficient to meet this standard when considered with the confession, the poem he composed, and his admissions to his coworkers. The court noted, “It would shock common sense to say in the light of the confession that all of these circumstances do not in any degree tend to prove a crime…” (quoting People v. Brasch, 193 N.Y. 46, 60-61).