POST-OFFENSE BAD ACTS – New York Appellate Digest https://www.newyorkappellatedigest.com Sat, 05 Dec 2020 04:15:58 +0000 en-US hourly 1 https://wordpress.org/?v=7.1 https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/Favicon-Blue-01-36x36.png POST-OFFENSE BAD ACTS – New York Appellate Digest https://www.newyorkappellatedigest.com 32 32 171315692 Defense Request to Review Psychiatric Records of Prosecution Witness Properly Denied; Evidence of Shooting of Prosecution Witness Properly Admitted to Show Defendant’s Consciousness of Guilt https://www.newyorkappellatedigest.com/2015/11/04/defense-request-to-review-psychiatric-records-of-prosecution-witness-properly-denied-evidence-of-shooting-of-prosecution-witness-properly-admitted-to-show-defendants-consciousness-of-guilt/ Wed, 04 Nov 2015 05:00:00 +0000 http://newyorkappellatedigest.com/?p=21786 The Second Department determined Supreme Court properly reviewed in camera the psychiatric records of a prosecution witness and properly denied the defense request to review the records. The Second Department further determined that evidence defendant’s brother (and a member of the same gang defendant belonged to) shot a prosecution witness was properly admitted to show defendant’s consciousness of guilt:

Psychiatric records are confidential, but they may be disclosed upon a finding by the court that the interests of justice significantly outweigh the need for confidentiality … . The proper procedure in such a case is for the court to order production of the records and to inspect them in camera … .

Here, the Supreme Court, after inspecting the records in camera, properly balanced the interests of justice against the witness’s need for confidentiality and providently exercised its discretion in denying the defendant’s application for disclosure of the records and use of the records in cross-examination … . * * *

Contrary to the defendant’s contentions, the Supreme Court did not improvidently exercise its discretion when it permitted the prosecution witness to testify to the circumstances leading up to and culminating in him being shot by two persons directly connected to the defendant. “Certain post crime conduct is [viewed as] indicative of consciousness of guilt, and hence of guilt itself'” … . Consciousness of guilt evidence includes evidence of coercion and harassment of witnesses … and “[e]vidence that a third party threatened a witness with respect to testifying at a criminal trial is admissible where there is at least circumstantial evidence linking the defendant to the threat” … .

Here, there was sufficient circumstantial evidence linking the defendant to the plot to shoot the witness … and the evidence of the defendant’s gang membership was relevant to establish the relationship between the actors … . Under the circumstances, the probative value of the evidence as to the defendant’s consciousness of guilt outweighed the prejudice … . People v Viera, 2015 NY Slip Op 07998, 2nd Dept 11-4-15

 

]]> 21786 Post-Offense “Bad Acts” Erroneously Admitted (Harmless Error) https://www.newyorkappellatedigest.com/2013/06/05/post-offense-bad-acts-erroneously-admitted-harmless-error/ Wed, 05 Jun 2013 18:48:25 +0000 http://newyorkappellatedigest.com/?p=26450 The Second Department determined bad acts committed after the charged crime should not have been admitted, although the error was deemed harmless:

The Supreme Court …improvidently exercised its discretion in permitting the admission of evidence relating to two bad acts allegedly committed by the defendant subsequent to the charged crime, since the probative value of such evidence was minimal, and was outweighed by its prejudicial effect… . People v Addison, 2013 NY Slip Op 04015, 2nd Dept, 6-5-13

 

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