People v. Safian, 46 N.Y.2d 181 (1978)

When codefendants have made full and voluntary confessions that are substantially identical, the admission of one codefendant’s confession at a joint trial does not violate the other codefendant’s right to confrontation under the Bruton rule, provided proper limiting instructions are given.

Summary

David Safian and Robert Miner were convicted of murder for the killing of Safian’s wife, with Miner confessing to being hired by Safian. At their joint trial, each defendant’s confession was admitted with limiting instructions. Safian argued that the admission of Miner’s confession violated his Sixth Amendment right to confrontation under Bruton v. United States. The New York Court of Appeals affirmed the convictions, holding that because the confessions were substantially identical, there was no significant risk of prejudice to Safian, and therefore, no Bruton violation.

Facts

David Safian, separated from his wife, unsuccessfully tried to reconcile in April 1975. He then told his wife that their daughter would eventually live with him. On March 5, 1975, Safian met Robert Miner. Safian confessed to telling Miner he was “looking for some crazy guy to take care of this girl I know.” Miner asked for $1,500, and they agreed on $1,000. Safian showed Miner his wife’s home, workplace, and car. On May 2, 1975, Deborah Safian was stabbed to death. A neighbor saw a man on a motorcycle leaving the scene. Miner owned a similar motorcycle, and his jacket had blood matching the victim’s type.

Procedural History

Safian and Miner were jointly tried and convicted of murder. Safian appealed, arguing that the admission of Miner’s confession violated his Sixth Amendment right to confrontation, as established in Bruton v. United States. The Appellate Division affirmed the conviction. Safian appealed to the New York Court of Appeals.

Issue(s)

1. Whether the admission of a codefendant’s confession at a joint trial violates a defendant’s right to confrontation when the defendant has also made a full and voluntary confession substantially identical to the codefendant’s.

Holding

1. No, because where each defendant has made a full and voluntary confession which is almost identical, the Bruton rule does not require reversal.

Court’s Reasoning

The Court of Appeals relied on the exception to the Bruton rule established in People v. McNeil, which holds that when codefendants have made “full and voluntary confession which is almost identical to the confessions of his codefendants,” there is no Bruton violation. The court found that Safian’s confession was “susceptible of only one interpretation: Safian hired Miner to kill his wife.” While Safian used the euphemism of the street, “take care of,” instead of “kill,” the court found no ambiguity. The court reasoned that the proximity in time between Safian’s admitted meetings with Miner and the homicide, coupled with Safian pointing out the victim’s residence and automobile to Miner, further supported the conclusion that Safian hired Miner to kill his wife. The court emphasized that the jury had Safian’s own detailed confession, which diminished any risk of undue prejudice from Miner’s confession. The right to confrontation is of diminished usefulness when the co-defendant’s confession tracks almost exactly the defendant’s own story. The court noted the purpose of Bruton is to prevent conviction based on a codefendant’s confession, but in this case, Safian’s own confession was overwhelming evidence of his guilt. The court also addressed the prosecutor’s improper summation, deeming it harmless error due to the trial justice’s careful instructions and the overwhelming evidence against Safian. The court also held that because the only crime of which Safian could be guilty, on any view of the evidence, was that of intentional murder, the defendant was not entitled to a charge of lesser included crimes.