People v. Ciccia

603 N.E.2d 687, 236 Ill. App. 3d 265, 177 Ill. Dec. 617, 1992 Ill. App. LEXIS 1581
CourtAppellate Court of Illinois
DecidedSeptember 30, 1992
DocketNo. 1—90—0411
StatusPublished

This text of 603 N.E.2d 687 (People v. Ciccia) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ciccia, 603 N.E.2d 687, 236 Ill. App. 3d 265, 177 Ill. Dec. 617, 1992 Ill. App. LEXIS 1581 (Ill. Ct. App. 1992).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Defendant, William Ciccia, was charged (as was codefendant Leonard Cemiglia) with one count of armed robbery (Ill. Rev. Stat. 1987, ch. 38, par. 18 — 2) of a Dominick’s grocery store in Chicago. Defendant was also charged with one count of unlawful use of a firearm by a felon (Ill. Rev. Stat. 1987, ch. 38, par. 24 — 1.1). The State nol-prossed this count. The court denied defendant’s motions to quash arrest and suppress evidence, and to suppress identification testimony.

Defendants’ cause was not severed. Cemiglia, tried by the court, was acquitted. Defendant was convicted by the jury and the court sentenced him to a term of 20 years in the Illinois Department of Corrections. Defendant’s motion for a new trial was denied. This appeal followed.

On appeal, defendant contends that (1) the trial court erred in denying his motion to quash arrest and suppress evidence (including identification); (2) he was not proved guilty beyond a reasonable doubt; and (3) he was denied a fair trial because of the following trial errors which alone or cumulatively prejudiced the jury against him: (a) improper admission of weapons; (b) improper use of a police sketch against him; and (c) prejudicial prosecutorial comment during closing argument.

We affirm.

At about 8 p.m. on March 29, 1988, defendant, dressed in pajamas, went to answer the door of his two-flat apartment building. The police were at the door. Defendant testified that one of the policemen showed him a badge while the other pushed him back and brought out a shotgun from under his trench coat. The officer kept the gun pointed at defendant’s feet and pushed him toward the stairway. Further, defendant testified that when he asked for an explanation, the officer stated: “Shut up, shut up, you know what is going on.” While the gun was still pointed at his legs, defendant was forced to walk upstairs past his father’s apartment to his own on the second floor.

Next, defendant testified that he was forced to open his apartment door. Further, he testified that when he asked to see a warrant the officers responded: “We don’t need a warrant, you know what happened.” Defendant was then told to get dressed, and the officer with the shotgun followed him into the bedroom.

Defendant testified that the officer searched his dresser drawers without his consent and found a .9 millimeter automatic gun. Defendant told the officer that he was holding it for a friend. The officer also found a shotgun in the closet registered to defendant’s wife. After defendant had finished dressing, he was handcuffed and placed in the squad car.

The witness stated that neither he nor his wife was ever shown a search warrant. He further testified that initially no consent was given for the officers to search the house or the garage. After being transported to the police station, defendant signed a consent form for the search of the garage but never for the apartment building.

Officer Neal Jack testified for the State. He stated that he and three other officers surveilled defendant’s residence for approximately 21k hours before entering the building. Defendant was already talking with two other officers when Officer Jack and a fellow officer reached the building. Then, at defendant’s request, he and the other three officers proceeded upstairs. Officer Jack testified that “[h]e [defendant] didn’t want to discuss anything in the hall because his parents lived on the first floor and he said his father was elderly and had been ill and he didn’t want to disturb him.”

Defendant was informed that a photograph identification had been made of him and that he needed to accompany the officers to the station to participate in a lineup. At that point, he was advised of his rights. Officer Jack testified that while defendant was changing his clothes the officers observed a semi-automatic handgun on top of the dresser in the bedroom. Consistent with defendant’s testimony, Officer Jack stated that defendant told them he was holding the gun for a friend. When asked about other weapons, defendant said there was a shotgun on the shelf in the bedroom closet.

After the shotgun was recovered, defendant was taken downstairs and put into a squad car. Since it was unclear who owned the handguns, and no one could produce any registration, defendant’s wife was also placed under arrest at that time.

The robbery occurred in the middle of the day at a grocery store. David Hobo was robbed at shotgun point around 2:15 or 2:30 p.m. on March 28, 1988, at a Dominick’s located at Devon and Nagel in Chicago. Detective Hugh Conwell was assigned to the case on the same day. He was given information on the pick-up truck in which the offenders fled the scene. It was reasonable to believe that the two people who took the truck were the same two people who committed the armed robbery.

Anthony Gaspatione, Dominick’s store manager that day, was unable to identify defendant as the robber in a lineup or in photographs. Despite defense objections, the State on cross-examination elicited that the witness described the individual with a shotgun to a police sketch artist. The sketch was made the day after the robbery.

Cheryl Calandrino was working at Dominick’s customer service desk on the day of the robbery. She was able to describe a man with a shotgun who stood about 15 feet from her. The defense claims defendant did not look like the man described.

Salvatore Muffoletto, a pharmacist technician, was employed at Edfors Irving Park Pharmacy for 14 years and had known defendant for all of these years. He testified that on the day of the robbery defendant and his father entered the store sometime between noon and 2 p.m. The witness stated that they stayed in the store talking to the owner for another 20 to 25 minutes. Other witnesses, including defendant’s mother, testified as to defendant’s whereabouts at the time of the robbery.

Defendant also testified as to his whereabouts on the day of the robbery. He spent the morning downtown with his father and then took a quick trip to the grocery store with both of his parents. After dropping them off at home, he went to eat at “Chitchat and Crackers,” a restaurant located about five minutes from his home. He testified that he arrived at the restaurant around 2 p.m. and stayed there for 1 to lVz hours before going home. The witness stated that his father has Alzheimer’s disease. He denied committing the robbery and stated that he had never been in the Dominick’s on Nagel and Devon. In closing argument, the prosecutor referred to defendant’s failure to call his wife as a witness. The court overruled the motion by the defense for a mistrial. A guilty verdict was given by the jury, and defendant was sentenced to a term of 20 years in the Illinois Department of Corrections.

Defendant’s first argument on appeal is that his conviction was improper and that the court should have granted his motion to quash arrest and suppress evidence. This panel has stated that the factors to be considered in determining whether a warrantless arrest of a defendant would be permitted due to exigent circumstances are as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
603 N.E.2d 687, 236 Ill. App. 3d 265, 177 Ill. Dec. 617, 1992 Ill. App. LEXIS 1581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ciccia-illappct-1992.