New York Law Review

Tag: People v. Reyes

  • People v. Reyes, 75 N.Y.2d 590 (1990): Landlord’s Liability for Illegal Building Alterations Leading to Fatality

    People v. Reyes, 75 N.Y.2d 590 (1990)

    A landlord who participates in creating dangerous conditions on a property, retains control over the property, and has a continuing statutory duty to maintain the property safely, can be held criminally liable for injuries or death resulting from those conditions.

    Summary

    Defendant Reyes, the owner of a building, was indicted on multiple felonies after a fire in his building, illegally converted into a single-room occupancy (SRO) dwelling without permits, resulted in a tenant’s death and another’s injury. The illegal conversion created numerous Building Code violations, including electrical deficiencies causing the fire. The Court of Appeals held that the Grand Jury had legally sufficient evidence to indict Reyes because he participated in creating the fire-producing conditions and retained control of the premises despite a triple net lease that delegated operational responsibility to another party. Reyes’ actions and omissions, combined with his continuing statutory duty as the building’s legal owner, established a basis for criminal liability.

    Facts

    Reyes owned a building from March 1983 until the fire in December 1985. He illegally converted the commercial office space into an SRO dwelling without proper permits, leading to electrical deficiencies. From July 1983 to October 1985, Velez managed the building under a net lease, collecting rents and covering repairs, maintenance, taxes, and utilities. Velez sublet the building to Arias, who allowed Troncoso and Dume to manage a grocery store on the ground floor and collect residential rents for Velez. The fire originated in a second-floor kitchen due to overloaded electrical wiring, causing one death and one injury.

    Procedural History

    The Grand Jury indicted Reyes and Velez for manslaughter, criminally negligent homicide, assault, and reckless endangerment. The trial court dismissed the indictment against both, citing a lack of evidence that either defendant created the illegal conditions or had control over the premises when the conditions were created. The Appellate Division reversed, reinstating the indictment. Only Reyes appealed to the Court of Appeals.

    Issue(s)

    Whether the Grand Jury had legally sufficient evidence to indict Reyes for crimes related to the fire, given his participation in creating the dangerous conditions and his retained control over the building.

    Holding

    Yes, because the Grand Jury had enough evidence to conclude that Reyes participated in creating the fire-producing conditions and failed in his continuing duty as the legal owner to eliminate those conditions. The creation and continuance of the dangerous conditions presented a substantial and unjustifiable risk of death or injury in a fire.

    Court’s Reasoning

    The Court of Appeals determined that the Grand Jury had sufficient evidence to indict Reyes based on his direct involvement in creating the dangerous conditions and his failure to fulfill his ongoing statutory duty as the building’s owner. The evidence showed numerous electrical hazards, including overloaded extension cords, exposed wires, and improperly grounded equipment. The court highlighted Reyes’ personal supervision of the illegal conversion of the building into an SRO, which violated multiple building codes and created a fire hazard. The Court cited Multiple Dwelling Law § 78, which states that “[e]very multiple dwelling * * * shall be kept in good repair” and “[t]he owner shall be responsible for compliance with the provisions of this section”. The Court found that even though Reyes leased the building, he retained control through the lease agreement, which required his consent for any alterations. Further, Reyes continued to receive rent, respond to tenant complaints, and carry insurance for the building. The Court also noted that Reyes received notice of electrical violations months before the fire and failed to address them. Taken together, these factors provided legally sufficient evidence for the Grand Jury to indict Reyes. The Court emphasized that the events leading to the fire were a “sufficiently direct cause” to justify holding Reyes criminally responsible, distinguishing this case from situations where the causal link is more attenuated (citing People v. Kibbe, 35 NY2d 407, 412-413). The Court affirmed the Appellate Division’s order reinstating the indictment.

  • People v. Reyes, 26 N.Y.2d 97 (1970): Retroactive Application of Jury Trial Rights in Addiction Hearings

    People v. Reyes, 26 N.Y.2d 97 (1970)

    A defendant who admits to being a narcotic addict after being properly informed of their right to a hearing, with the aid of counsel, waives the right to a jury trial on the issue of addiction, even if the allocution occurred before the statutory amendment explicitly providing for jury trials.

    Summary

    The defendant pleaded guilty to criminal possession of a dangerous drug and admitted to being a narcotic addict after being informed of his right to a hearing. He later argued that he should have been informed of his right to a jury trial on the issue of addiction, a right established after his allocution but before his appeal. The New York Court of Appeals held that because the defendant admitted to addiction after being informed of his right to a hearing, he effectively waived any further judicial inquiry, including a jury trial. The court also reaffirmed its prior rejection of the argument that addiction-related sentencing constitutes cruel and unusual punishment.

    Facts

    On May 24, 1968, the defendant, Reyes, pleaded guilty to criminal possession of a dangerous drug in the fourth degree. After accepting the plea, the clerk of the court informed Reyes that the court had read a medical report certifying him as a narcotic addict. Reyes was advised of his right to admit, deny, or remain silent regarding his addiction, and that if he denied or remained silent, he had a right to a hearing to determine his addiction status. Reyes admitted to being a narcotic addict.

    Procedural History

    The defendant appealed, arguing that he should have been informed of his right to a jury trial on the issue of addiction, a right established after his allocution but before his appeal. The Appellate Division reversed the lower court’s decision. The People appealed to the New York Court of Appeals.

    Issue(s)

    1. Whether the amendment to Section 208 of the Mental Hygiene Law, which provided for a jury trial on the issue of addiction and an allocution with respect to such right, should be applied retroactively to the defendant’s case, even though he admitted his addiction before the amendment was enacted.

    2. Whether Section 208(5) of the Mental Hygiene Law violates the Eighth and Fourteenth Amendments’ prohibition against cruel and unusual punishment by subjecting the defendant to criminal punishment for addiction.

    Holding

    1. No, because the defendant, after being informed of his right to a hearing, freely admitted his addiction with the aid of counsel, effectively waiving the right to a jury trial on the issue of addiction.

    2. No, because this argument was previously considered and rejected in People v. Fuller, and the defendant has not presented any new arguments or relevant authority to suggest that the prior determination was erroneous.

    Court’s Reasoning

    The court reasoned that its prior decision in People v. Donaldson, which gave retroactive effect to People v. Fuller, only granted the right to a jury trial on the question of addiction when a hearing was requested and held. The court emphasized that Donaldson applied to “’criminal addicts’ whose hearings took place prior to that decision and without an opportunity for a jury trial.” In Reyes’s case, the court found that because he admitted his addiction after being informed of his right to a hearing and with the assistance of counsel, he effectively stated that no judicial inquiry was necessary. As such, it was irrelevant whether that inquiry would have been made with or without a jury. The court stated that “where… the defendant after being informed that he has the right to a hearing freely admits his addiction with the aid of counsel, he is in effect stating that no judicial inquiry is necessary and, therefore, it is irrelevant whether that inquiry would have been made with or without a jury.” The court also reaffirmed its rejection of the cruel and unusual punishment argument, stating that the defendant had not raised any new arguments or cited any new or relevant authority that would indicate that the court’s determination in Fuller was erroneous.