Commonwealth v. Bozyk

987 A.2d 753, 2009 Pa. Super. 247, 2009 Pa. Super. LEXIS 4977, 2009 WL 4881699
CourtSuperior Court of Pennsylvania
DecidedDecember 18, 2009
Docket3560 EDA 2006
StatusPublished
Cited by40 cases

This text of 987 A.2d 753 (Commonwealth v. Bozyk) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Bozyk, 987 A.2d 753, 2009 Pa. Super. 247, 2009 Pa. Super. LEXIS 4977, 2009 WL 4881699 (Pa. Ct. App. 2009).

Opinions

OPINION BY

BOWES, J.:

¶ 1 Michael Bozyk appeals from the judgment of sentence of three and one-half to seven years imprisonment that was imposed after he was convicted by a jury of carrying an unlicensed firearm and carrying a firearm on a public street or property in Philadelphia. We reject Appellant’s assertion that his cross-examination of a police officer was improperly curtailed in violation of his Sixth Amendment Confrontation Clause rights; we therefore affirm.

¶ 2 The trial court aptly summarized the facts underlying Appellant’s convictions:

[755]*755On June 29, 2005 approximately 9:00 PM Philadelphia Police Officer Scott Schweizer, in an unmarked vehicle and in plainclothes, was conducting a narcotics investigation when he observed Appellant at the intersection of F and Willard Streets. Schweizer observed males approach Appellant on three different occasions, hand Appellant various amounts of United States Currency whereupon Appellant removed a clear bag and handled] an item to the males after he accepted the currency. The males would then leave the area. Shortly thereafter, Appellant entered the property at 3235 A Street and he did not return. Schweizer then left the area.
Later, approximately 12:30 AM, Schweizer again observed Appellant at the intersection of A and Willard. After advising backup officers of his intentions, Officer Schweizer began to approach Appellant and when he was within 12 feet of Appellant, Appellant produced a black handgun from his waistband area. Schweizer shouted out ‘gun’ to his fellow officers, whereupon, Appellant turned and fled eastbound on Willard Street with the officers in pursuit for several blocks. When Appellant approached a nearby school Officer Schweizer observed him toss the weapon. Very shortly thereafter Officer Schweizer caught up with Appellant and, after a brief struggle, he was subdued and apprehended. Officer Shawn Carey, who was working as a uniformed backup officer and who was part of the pursuit, retrieved a 9mm handgun from the street underneath a car across the street from the point where Appellant was apprehended. Police firearms expert, Officer Leonard Johnson, testified that the gun recovered by Officer Carey is a Smith and Wesson, model .39 caliber, 9mm Luger. The firearm and ammunition within were found to be operable.

Trial Court Opinion, 6/27/07, at 1-2 (footnote and citations to record omitted).

¶ 3 On appeal, Appellant seeks a new trial because he was not allowed to cross-examine Officer Schweizer with the fact he was subject to disciplinary proceedings after an investigation by the Internal Affairs Division of the Philadelphia Police Department (“IAD”). The following facts are pertinent. At trial, Appellant sought to question Officer Schweizer about an IAD investigation that had occurred in 2000, six years prior to this trial. The incident occurred just one and one-half years after Officer Schweizer became an officer, and Officer Schweizer had no other incidents of disciplinary action afterwards.

¶ 4 In 1999, Officer Schweizer and his partner were on patrol when they saw Corey Porter sitting next to a person who appeared to be holding drugs. In his police report, Officer Schweizer described the incident as a drug transaction. In 2000, Mr. Porter complained to the IAD that he had been physically abused by the two officers. While the IAD concluded that Mr. Porter had not been physically assaulted, Officer Schweizer admitted during the course of the investigation that he had not, in fact, observed a drug transaction. The IAD found that a disciplinary violation occurred due to Officer Schweizer’s false statement in a police report, and therefore he was suspended for two days.

¶ 5 In this matter, the Commonwealth filed a motion in limine prior to trial to prevent Appellant from questioning the officer regarding the 2000 IAD inquiry; that motion was granted. The trial court concluded that the conduct resulting in the disciplinary action was both remote in time and isolated and that it had no nexus to the present matter. On appeal, Appellant [756]*756claims that this ruling deprived him of his Confrontation Clause rights.

When reviewing the denial of a motion in limine, we apply an evidentiary abuse of discretion standard of review. See Commonwealth v. Zugay, 2000 PA Super 15, 745 A.2d 639 (Pa.Super.), appeal denied, 568 Pa. 662, 795 A.2d 976 (Pa.Super.2000) (explaining that because a motion in limine is a procedure for obtaining a ruling on the admissibility of evidence prior to trial, which is similar to a ruling on a motion to suppress evidence, our standard of review of a motion in limine is the same as that of a motion to suppress). The admission of evidence is committed to the sound discretion of the trial court and our review is for an abuse of discretion. See Commonwealth v. Albrecht, 554 Pa. 31, 720 A.2d 693, 704 (Pa.1999), affirmed in part, vacated in part on other grounds and remanded, 471 F.3d 435 (3d Cir.Pa.2006).
Commonwealth v. Mitchell, 588 Pa. 19, 60-61, 902 A.2d 430, 455 (2006). A trial court’s ruling regarding the admissibility of evidence will not be disturbed “unless that ruling reflects ‘manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.’ ” Commonwealth v. Einhorn, 911 A.2d 960, 972 (Pa.Super.2006).

Commonwealth v. Owens, 929 A.2d 1187, 1190 (Pa.Super.2007).

¶ 6 The Confrontation Clause of the Sixth Amendment confers a constitutional right upon the defendant to conduct cross-examination that reveals any motive that a witness may have to testify falsely; however, that right is not unlimited:

The Confrontation Clause of the Sixth Amendment guarantees the right of an accused in a criminal prosecution “to be confronted with the witnesses against him.” The right of confrontation, which is secured for defendants in state as well as federal criminal proceedings, Pointer v. Texas, 380 U.S. 400, 85 S.Ct. 1065, 13 L.Ed.2d 923 (1965), “means more than being allowed to confront the witness physically.” Davis v. Alaska, 415 U.S. [308,] 315, 94 S.Ct. [1105,] 1110 [39 L.Ed.2d 347 (1974)]. Indeed, “‘the main and essential purpose of confrontation is to secure for the opponent the opportunity of cross-examination.’ ” Id., at 315-316, 94 S.Ct., at 1110 (quoting 5 J. Wigmore, Evidence § 1395, p. 123 (3d ed. 1940)). Of particular relevance here, “we have recognized that the exposure of a witness’ motivation in testifying is a proper and important function of the constitutionally protected right of cross-examination.” Davis, supra, at 316-317, 94 S.Ct., at 1110 (citing Greene v. McElroy, 360 U.S. 474, 496[,] 79 S.Ct. 1400, 1413, 3 L.Ed.2d 1377 (1959)).

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Cite This Page — Counsel Stack

Bluebook (online)
987 A.2d 753, 2009 Pa. Super. 247, 2009 Pa. Super. LEXIS 4977, 2009 WL 4881699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bozyk-pasuperct-2009.