People v. Mattiace

568 N.E.2d 1189, 77 N.Y.2d 269, 567 N.Y.S.2d 384, 1990 N.Y. LEXIS 4495
CourtNew York Court of Appeals
DecidedDecember 27, 1990
StatusPublished
Cited by99 cases

This text of 568 N.E.2d 1189 (People v. Mattiace) 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. Mattiace, 568 N.E.2d 1189, 77 N.Y.2d 269, 567 N.Y.S.2d 384, 1990 N.Y. LEXIS 4495 (N.Y. 1990).

Opinions

[271]*271OPINION OF THE COURT

Bellacosa, J.

Defendant was convicted of one count of criminal possession of a forged instrument in the second degree stemming from a multicount, multiparty, jury trial prosecution for commercial hazardous waste disposal crimes. The judgment was affirmed by the Appellate Division and a Judge of this Court granted leave to appeal. Defendant raises three issues: insufficiency of the evidence; trial error in the ruling that would have allowed the prosecution to impeach defendant, if he took the stand, with prior convictions for environmental crimes committed by himself and his corporation, Mattiace Petrochemical Co. (MPC); and a missing witness instruction error. We affirm the order of the Appellate Division.

PROCEDURAL HISTORY

The defendant is the president and chief stockholder of MPC, a storage and disposal business dealing in and with hazardous wastes in Glen Cove, New York. There was a joint trial on two consolidated indictments charging defendant, his two brothers and MPC with 22 counts relating to hazardous wastes stored at the company’s bulk chemical terminal, also in Glen Cove. Defendant was charged with unlawful and unauthorized possession of hazardous wastes (ECL 71-2709 [2], [3]; 71-2707 [1], [2]; 27-0914 [1]; 71-2705 [2]), conspiracy, offering a false instrument for filing and criminal possession of a forged instrument (Penal Law § 105.05 [1]; §§ 175.35, 170.25). Defendant was acquitted of all but one charge: criminal possession of a forged instrument, for producing a falsified hazardous waste manifest which was issued by MPC on December 20, 1984 to a hazardous waste transporter (Industrial Solvent and Chemical Company [Industrial]) at the MPC [272]*272warehouse terminal. The manifest document was issued to accompany hazardous waste to Industrial’s disposal site in Pennsylvania. The charges against the defendant’s brothers were disposed of prior to trial. MPC was convicted on 10 counts, including a conviction for the same offense of which defendant was found guilty.

SUMMARY OF TRIAL EVIDENCE

It was undisputed that the manifest was forged and falsely indicated that the generator of the subject waste products was Ace Spray Finishing Company (Ace), a former MPC customer. On December 20, 1984, a driver for Industrial loaded into his truck approximately 80 drums of hazardous waste at MFC’s terminal for transport and "recovery” at Industrial’s Pennsylvania site. The loading took only 30 minutes. The driver then waited at the terminal for approximately 3-4 hours for MPC employees to produce the necessary manifests. One of defendant’s brothers provided the driver with three hazardous waste manifests identifying three different generating companies — Ace, Premier Metal Products and Arthur Matney Company. The manifest at issue falsely named Ace as the generator of 30 55-gallon drums of waste-chlorinated solvent. The purported signers of the three concededly forged manifests all testified that the signatures on the manifests were not theirs. Ace’s employees testified that Ace had not produced any of the named chemical for approximately 15 years and that all 14 drums of hazardous waste generated by Ace in 1983-1984 had been disposed of by August of 1984 by a New Jersey transporter, S & W Corp., which disposal had been confirmed in writing. It was undisputed that at no time in 1984 did MPC pick up or arrange for transport of any hazardous waste from Ace.

Ace’s president, Sam Fox, telephoned defendant and arranged a meeting which was held on January 25, 1985 at Ace and attended by Fox, Montalvo (an Ace employee), defendant, and New York State Department of Environmental Conservation Investigator Mattera, who posed as an Ace employee and taped the full conversation. The transcript read into evidence discloses that during this meeting, defendant acknowledged that the signature on the Ace manifest was falsified; that the manifest was "erroneously written up”; that he was "aware” that MPC had not picked up any waste from Ace in 1984; and that the manifest had been issued at MFC’s terminal. The [273]*273Appellate Division noted Montalvo’s testimony that defendant spoke in an "agitated manner,” insisting that the problem would be "corrected” if they were to "reclassify” Ace as the generator of paint thinner transported by Industrial rather than of chlorine solvent, and urged solving the problem by issuing a "corrected” manifest. Defendant insisted on making these changes to the manifest despite his being told that Ace had written records that its 14 drums of paint thinner waste generated in 1983 had been disposed of by another company. Defendant presented Ace with a copy of a letter to Industrial dated that day and admitted into evidence purporting to reclassify and rectify the forged manifest in this manner. Defendant accused Industrial’s driver of filling out the manifest after obtaining Ace’s name and information from MFC’s corporate records. However, the manifests were completed at the corporate offices, not at the terminal.

ANALYSIS OF SUFFICIENCY ISSUE

The Appellate Division correctly determined that the jury could properly infer defendant’s guilty knowledge and possession of the forged Ace manifest from the circumstantial evidence (156 AD2d 390, 392; People v Bleakley, 69 NY2d 490, 495; Cohen v Hallmark Cards, 45 NY2d 493, 499; Penal Law § 170.25). The standard for review of legal sufficiency of evidence in a criminal case is whether " 'after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt’ ” (People v Contes, 60 NY2d 620, 621, quoting Jackson v Virginia, 443 US 307, 319 [emphasis in original]). The test is met here. The facts, from which the inference of defendant’s guilt of the particular offense is drawn, are not consistent with innocence and exclude to a moral certainty every other reasonable hypothesis save guilt (People v Marin, 65 NY2d 741, 742; People v Sanchez, 61 NY2d 1022,1024).

The key evidentiary elements in this circumstantial web are:

• MFC had recently lost its interim permit to store hazardous wastes, of which it had a substantial accumulation;

• Defendant was the principal owner and operator of MFC and had the most to lose and the greatest motive and opportunity to place the forged manifest into the stream of transportation;

• The forged manifest permitted the disposal of a substantial quantity of hazardous waste by falsely identifying its point of [274]*274generation to probing State and Federal hazardous waste regulators;

• Defendant admitted at the meeting at Ace that MFC had "a problem with regard to customer service on accumulated waste material”;

• The concededly forged manifest had been filled out at defendant’s corporate offices out of which he exclusively worked and where all the customer records were stored;

• The manifest was filled out while Industrial’s driver waited for 3-4 hours at the terminal;

e Defendant indicated willingness to falsify a "corrected” manifest to appease Ace by incorrectly reclassifying the wastes transported; and

• Defendant falsely accused another.

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

Related

People v. Herbin (Reginald)
Appellate Terms of the Supreme Court of New York, 2018
Mahoney v. State of New York
147 A.D.3d 1289 (Appellate Division of the Supreme Court of New York, 2017)
People v. Vetrano
88 A.D.3d 750 (Appellate Division of the Supreme Court of New York, 2011)
Ghadrdan v. Gorabi
182 Cal. App. 4th 416 (California Court of Appeal, 2010)
People v. Tyrell
67 A.D.3d 827 (Appellate Division of the Supreme Court of New York, 2009)
People v. Williams
905 N.E.2d 605 (New York Court of Appeals, 2009)
People v. Williams
49 A.D.3d 672 (Appellate Division of the Supreme Court of New York, 2008)
People v. Rockwell
18 A.D.3d 969 (Appellate Division of the Supreme Court of New York, 2005)
People v. Springer
13 A.D.3d 657 (Appellate Division of the Supreme Court of New York, 2004)
People v. Barmore
11 A.D.3d 629 (Appellate Division of the Supreme Court of New York, 2004)
People v. Peterson
6 A.D.3d 363 (Appellate Division of the Supreme Court of New York, 2004)
People v. Stevenson
5 A.D.3d 405 (Appellate Division of the Supreme Court of New York, 2004)
People v. Hines
3 A.D.3d 580 (Appellate Division of the Supreme Court of New York, 2004)
People v. Hayes
764 N.E.2d 963 (New York Court of Appeals, 2002)
People v. Wolf
284 A.D.2d 102 (Appellate Division of the Supreme Court of New York, 2001)
People v. Redd
272 A.D.2d 168 (Appellate Division of the Supreme Court of New York, 2000)
People v. Rivera
272 A.D.2d 140 (Appellate Division of the Supreme Court of New York, 2000)
People v. Pagan
271 A.D.2d 385 (Appellate Division of the Supreme Court of New York, 2000)
People v. Johnson
730 N.E.2d 932 (New York Court of Appeals, 2000)
People v. Garry
269 A.D.2d 158 (Appellate Division of the Supreme Court of New York, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
568 N.E.2d 1189, 77 N.Y.2d 269, 567 N.Y.S.2d 384, 1990 N.Y. LEXIS 4495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mattiace-ny-1990.