People v. Narayan, 58 N.Y.2d 904 (1983)

A trial court has discretion to limit attorney-client consultation during cross-examination to prevent improper coaching of the witness, especially when the examination has been temporarily interrupted for an evidentiary ruling.

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the trial court did not abuse its discretion by denying the defendant’s request to consult with his attorney during a temporary break in cross-examination. The court emphasized that while a defendant has a right to consult with counsel, that right is not absolute and cannot be used to interrupt the examination process for coaching purposes. The court found that the trial judge acted within his discretion to prevent potential impropriety, especially since a negative answer to the pending question would have ended that line of questioning.

Facts

Defendant’s cross-examination was interrupted on a Monday afternoon. The interruption occurred to allow the trial court to research the admissibility of a question posed by the prosecution. The following Tuesday morning, after concluding his research, the judge ruled the question was permissible. Before the defendant resumed the witness stand, his attorney requested to speak with him regarding the question.

Procedural History

The trial court denied the attorney’s request for consultation while the defendant was “on the stand.” The Appellate Division affirmed the trial court’s ruling, finding no reversible error. The New York Court of Appeals granted review and affirmed the Appellate Division’s order.

Issue(s)

Whether the trial court abused its discretion by denying the defendant’s request to consult with his attorney during a temporary break in cross-examination, after the court had ruled on the admissibility of a specific question but before the defendant answered it.

Holding

No, because the trial court has the discretion to manage the trial process and prevent potential coaching of the witness during cross-examination, especially after an interruption for an evidentiary ruling.

Court’s Reasoning

The Court of Appeals recognized the defendant’s right to consult with counsel, but clarified that attorneys cannot freely interrupt examinations to advise clients on anticipated questions. The Court emphasized the trial court’s discretion in managing the examination process. The court reasoned that because the cross-examination had only been temporarily paused for an evidentiary ruling, the trial court did not err in directing that the cross-examination continue without further interruption. The court highlighted that a negative answer to the question would have precluded further inquiry on the subject. Quoting Judge Meyer’s concurring opinion in an earlier appeal of the same case, the court stated: “[I]t is not error for the Trial Judge in such a situation to make the ruling here made preventing conference until questioning on the issue has been concluded.” The court thus balanced the defendant’s right to counsel with the need for the trial court to control the proceedings and prevent potential impropriety.