People v. Calvano, 30 N.Y.2d 255 (1972)

When a defendant raises the defense of entrapment, the prosecution may introduce evidence of the defendant’s prior crimes and criminal predisposition as part of its direct case if it is clear the entrapment defense will be invoked.

Summary

The New York Court of Appeals addressed whether evidence of prior crimes is admissible in the prosecution’s case-in-chief when the defendant pleads entrapment. Larry Calvano was convicted of illegally taking deer. He argued the trial court lacked jurisdiction and improperly admitted evidence of prior crimes to rebut his entrapment defense. The Court of Appeals held that the Justice Court had jurisdiction and that evidence of Calvano’s prior crimes was admissible on the People’s direct case because Calvano raised the defense of entrapment before trial and during the People’s case through cross-examination of the People’s witnesses. The court reasoned that excluding such evidence until the defense presents its case would unduly prejudice the prosecution.

Facts

Deputy Sheriff Butrico testified that Larry Calvano admitted to taking three white-tailed deer and arranged their delivery. On January 14, 1969, Calvano led Butrico and two conservation officers to an abandoned bungalow where he presented three white-tailed deer. Calvano was then arrested. The hunting season was closed at the time. On cross-examination, defense counsel questioned Butrico extensively, suggesting Butrico induced Calvano to commit the crime. Butrico admitted discussing with Calvano the possibility of Calvano “getting” deer for him on numerous occasions.

Procedural History

Calvano was convicted in Justice Court, Town of Ramapo, for violating the Conservation Law. The People introduced evidence of Calvano’s prior admissions of killing 181 deer and prior convictions for illegally taking wildlife, which the trial court admitted solely on the issue of entrapment. Calvano appealed, arguing the trial court lacked jurisdiction and improperly admitted the evidence. The appellate division affirmed the conviction, and Calvano appealed to the New York Court of Appeals.

Issue(s)

1. Whether the Justice Court had jurisdiction to hear and determine the misdemeanor of which the defendant was convicted, given the provisions of the Conservation Law.

2. Whether the defense of entrapment may be properly rebutted upon the People’s case in chief through the introduction of evidence of prior crimes and criminal disposition.

Holding

1. Yes, because the Uniform Justice Court Act (UJCA) impliedly repealed conflicting provisions of the Conservation Law, granting town and village courts jurisdiction over all misdemeanors.

2. Yes, because when it is clear that the defense of entrapment will be invoked, the prosecution may introduce competent proof of criminal disposition and prior convictions as part of its direct case.

Court’s Reasoning

The court addressed the jurisdictional argument first, noting the conflict between the Conservation Law and the UJCA. The court stated, “In determining whether one statute impliedly repeals an earlier one, the primary and fundamental question to be resolved is what did the Legislature intend.” It emphasized that repeals by implication are disfavored, but will be found where the intent to effect such a repeal is clear, as manifested by an inconsistency between the statutes that precludes giving effect to both. Because the statutes conflicted on the jurisdiction of the Justice Court, the court held that the UJCA, as the later and more general statute, impliedly repealed the conflicting provisions of the Conservation Law.

Turning to the entrapment issue, the court acknowledged the general rule that evidence of other criminal acts is inadmissible but noted exceptions exist. Citing People v. Molineux, the court referenced its recent holding in People v. Calvano that such evidence is admissible to refute the defense of entrapment. The court quoted Sorrells v. United States, stating, “The predisposition and criminal design of the defendant are relevant…if the defendant seeks acquittal by reason of entrapment he cannot complain of an appropriate and searching inquiry into his own conduct and predisposition as bearing upon that issue.”

The court rejected the argument that evidence of predisposition may only be introduced in rebuttal, finding this would “emasculate the rule and work grave prejudice” to the prosecution. The court held that “competent proof of criminal disposition and prior convictions” is admissible in the People’s case in chief when “it is clear that the defense of entrapment will be invoked.” The court reasoned that Calvano had raised the defense of entrapment via pretrial pleading, opening statements, and cross-examination, so the evidence was admissible.