People v. Campney

726 N.E.2d 468, 94 N.Y.2d 307, 704 N.Y.S.2d 916, 1999 N.Y. LEXIS 3937
CourtNew York Court of Appeals
DecidedDecember 21, 1999
StatusPublished
Cited by34 cases

This text of 726 N.E.2d 468 (People v. Campney) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Campney, 726 N.E.2d 468, 94 N.Y.2d 307, 704 N.Y.S.2d 916, 1999 N.Y. LEXIS 3937 (N.Y. 1999).

Opinions

OPINION OF THE COURT

Bellacosa, J.

Defendant urges that circumstantial proof is not permissible to allow an inference of assent to or adoption of a third party’s statement. This Court rejects defendant’s argument. Applying standard principles, we conclude that the trial court appropriately permitted the jury to consider whether defendant adopted his accomplice brother’s written statement. The order of the Appellate Division should, therefore, be affirmed.

A Stewart’s convenience store was burglarized on May 23, 1996. Thereafter, in connection with the burglary investigation, defendant Randy Campney and his younger brother, Burton Campney, were arrested and taken to State Police barracks for questioning. Defendant invoked his right to counsel and refused to speak with the officers. He was placed in a room, with one wrist handcuffed to a ring on the wall. Burton was interrogated elsewhere and gave a statement detailing how the two brothers burglarized the store. Burton’s statement was reduced to writing, but before he would sign it, he asked to speak with his brother, defendant-appellant here.

Accommodating Burton’s request, the officers brought him to the room where defendant was being held. The brothers conferred there privately for 10 to 15 minutes. When the investigators returned, they observed defendant holding Burton’s written statement. An officer, addressing himself solely to Burton, asked Burton if he was ready to sign the statement. Burton, in turn, asked his brother what he should do. Defendant — still holding the statement — replied, ‘You might as well sign it, you already told them all about what happened.” After this utterance, defendant handed the paper back to Burton, who thereafter signed it.

Defendant was indicted for burglary in the third degree. He moved to suppress his utterance, made in response to Burton’s question to him. The court denied the suppression motion, ruling that a foundation was laid for admission of the statement. The court also concluded that the statement was a spontaneous response to a question posed by Burton.

At defendant’s trial, one of the officers testified about defendant’s exclamation. Burton’s written statement was also [311]*311admitted into evidence as an adoptive admission by defendant. Burton, who was indicted for acting in concert with defendant in the burglary and who had already pleaded guilty, was called as a prosecution witness. When he began to testify that he alone had committed the crime, the prosecution was permitted to treat him as a hostile witness and to use his written statement for impeachment. Over defense counsel’s objection, the court also concluded that the prosecution had a good-faith basis for calling Burton as a witness.

Following summations, the court instructed the jury that before it could consider defendant’s utterance as an adoption of Burton’s written statement, it had to find that defendant in fact made the response. The jury was further instructed that it had to satisfy itself beyond a reasonable doubt that defendant, by making the response, adopted Burton’s statement as his own — the document he held in his hand at the very time he made his response. The court concluded these instructions by stating that, only after these two criteria were met, could the jury consider and weigh defendant’s utterance as an adoptive admission of Burton’s statement. The jury convicted defendant of burglary in the third degree and he was sentenced by the court as a second felony offender.

The Appellate Division, with one Justice dissenting, affirmed. The court concluded that the trial court did not err in admitting Burton’s confession into evidence during the People’s casein-chief. The Appellate Division reasoned that County Court (in determining whether an appropriate foundation had been established) and the jury (in determining whether defendant adopted Burton’s statement) were entitled to draw reasonable inferences from the direct evidence presented, including that the brothers had discussed the statement, and that defendant had read it and adopted it as his own. The dissenting Justice granted leave to appeal to this Court. We are persuaded that the rulings at both lower courts are correct.

Generally, an adoptive admission is allowed when a party acknowledges and assents to something “already uttered by another person, which thus becomes effectively the party’s own admission” (4 Wigmore, Evidence § 1069, at 100 [Chadbourn rev] [emphasis in original]). This Court has cautioned that “[a]n individual’s reaction to a[n] * * * accusatory query is inadmissible as evidence of guilt, state of mind or as a demonstrative act unless at the threshold the People demonstrate that the person heard the assertion and comprehended its implications” (People v Lourido, 70 NY2d 428, 433 [emphasis [312]*312added]). Thus, manifestations made in response or reaction to an accusatory overture, which may be generally inadmissible, may be received into evidence, nevertheless, to establish “a relevant demonstrative response of the affected party” (id.).

The determination whether a threshold foundation has been established for the admissibility of the declaration or manifested act is made by the trial court, in light of “all the facts and circumstances surrounding the incident,” while the “value or effect of this evidence” is weighed by the jury (People v Ferrara, 199 NY 414, 430). That is a key differentiation and demarcation to bear in mind for application of pertinent principles to this case.

In People v Ferrara (supra), the Court considered an accomplice’s declaration that defendant was the person who had committed a part of the crime charged. It held that defendant’s response of shrugging his shoulders was admissible because defendant heard the statement, had knowledge of what was said, and was not prevented from replying to it (People v Ferrara, supra, 199 NY, at 430). These indicia may be met by assaying the circumstances surrounding the defendant’s manifestation and determining whether the act signaled an approval of the statement (see, id.; 2 McCormick, Evidence § 261, at 164 [5th ed 1999] [restrictively defining adoptive admission “to apply to evidence of other conduct of a party manifesting circumstantially the party’s assent to the truth of a statement made by another”] [emphasis added]). Thus, circumstantial evidence may be used, as the dissent acknowledges, to determine the threshold requirement as to whether defendant apprehended the statement and understood its implications.

In the instant case, defendant and his brother were left alone to confer for 10 to 15 minutes, at Burton’s specific request, after he made a full confession of joint criminal responsibility for the crime under investigation. Defendant was observed holding Burton’s unsigned, written statement after the private meeting, when the police officers reentered the room. At the same time, defendant responded to Burton’s request for advice as to whether he, Burton, should sign the statement with, “You might as well sign it, you already told them all about what happened.” Based on these circumstances, we do not agree with the dissent’s conclusion that the People presented insufficient evidence for the jury to infer that defendant read Burton’s statement. The trial court is the proper forum, in any event, to which that factual and inferential weighing responsibility for such matters is assigned in the first [313]*313instance.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Noel
171 N.Y.S.3d 578 (Appellate Division of the Supreme Court of New York, 2022)
People v. Oliver
2021 NY Slip Op 02548 (Appellate Division of the Supreme Court of New York, 2021)
Loughlin v. Meghji
2020 NY Slip Op 05196 (Appellate Division of the Supreme Court of New York, 2020)
People v. Reid
2020 NY Slip Op 3827 (Appellate Division of the Supreme Court of New York, 2020)
People v. Holman (Serrice)
Appellate Terms of the Supreme Court of New York, 2020
People v. Morales
2019 NY Slip Op 7795 (Appellate Division of the Supreme Court of New York, 2019)
People v. King
2019 NY Slip Op 3813 (Appellate Division of the Supreme Court of New York, 2019)
People v. Garcia
2018 NY Slip Op 6936 (Appellate Division of the Supreme Court of New York, 2018)
The People v. Gregory Vining
71 N.E.3d 563 (New York Court of Appeals, 2017)
KERCE, CHARLES, PEOPLE v
Appellate Division of the Supreme Court of New York, 2016
People v. Kerce
140 A.D.3d 1659 (Appellate Division of the Supreme Court of New York, 2016)
NAFI, EZEIEKILE, PEOPLE v
Appellate Division of the Supreme Court of New York, 2015
HARPER, BRANDON E., PEOPLE v
Appellate Division of the Supreme Court of New York, 2015
People v. Harper
132 A.D.3d 1230 (Appellate Division of the Supreme Court of New York, 2015)
People v. Nafi
132 A.D.3d 1301 (Appellate Division of the Supreme Court of New York, 2015)
People v. Johnson
120 A.D.3d 1154 (Appellate Division of the Supreme Court of New York, 2014)
People v. Oliver
45 Misc. 3d 765 (New York Supreme Court, 2014)
In re Kayla R.
95 A.D.3d 1021 (Appellate Division of the Supreme Court of New York, 2012)
People v. Rogers
94 A.D.3d 1246 (Appellate Division of the Supreme Court of New York, 2012)
Casa Redimix Concrete Corp. v. Westway Industries Inc.
31 Misc. 3d 549 (New York Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
726 N.E.2d 468, 94 N.Y.2d 307, 704 N.Y.S.2d 916, 1999 N.Y. LEXIS 3937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-campney-ny-1999.