People v. McCray

653 N.E.2d 25, 210 Ill. Dec. 438, 273 Ill. App. 3d 396
CourtAppellate Court of Illinois
DecidedJuly 10, 1995
Docket1-93-2816
StatusPublished
Cited by79 cases

This text of 653 N.E.2d 25 (People v. McCray) 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. McCray, 653 N.E.2d 25, 210 Ill. Dec. 438, 273 Ill. App. 3d 396 (Ill. Ct. App. 1995).

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

On November 12, 1990, Aaron McCray was arrested for a residential burglary committed four days earlier. The trial court allowed police testimony that raised the inference McCray had just committed another residential burglary. This case requires us to decide whether the evidence concerning the second burglary was admissible because it showed the circumstances surrounding the defendant’s arrest.

We hold that it was error to admit the evidence. However, for reasons that follow, we affirm the defendant’s conviction.

EVIDENCE AT TRIAL

On November 8, 1990, Gina Speckman was living alone in apartment No. 203 of an 18-story apartment complex at 415 West Fullerton Street in Chicago. She left her apartment at 7:30 a.m. that day, locked the door, but did not engage the deadbolt.

That same day Andrew Debuono, a window washer for Anchor Building Maintenance, was washing windows at the 415 West Fullerton apartment building. At about 10:30 a.m., Debuono left the building through the front entrance to go to a nearby drugstore for a can of soda pop. As he was leaving the building, he encountered a man with crutches and a cast on his leg. Debuono held the front door open for this man, allowing him to enter the building.

Approximately 30 minutes later Debuono saw the man again. Having returned from the drugstore, Debuono went to the roof of the building. From the roof he suspended himself by ropes and rigging over the side of the building. He resumed the job of washing windows and was cleaning windows at the fourth-floor level when he heard a loud bang. Looking down, he saw that the man he had seen earlier on crutches had come through a fire escape door to a small, rooftop landing off the second-floor level. Debuono described the man as "moving fast” and looking "confused” or "lost.” The man on crutches ran toward the side of the building, got onto the fire escape and out of Debuono’s line of vision.

In the meantime, Gina Speckman returned to her apartment sometime between 10:30 and 11 a.m. that day. When she went to her apartment and attempted to unlock the door, she found that she could not enter because the deadbolt was engaged. Thinking that maintenance had entered her apartment to fix something, Gina called out and asked who was inside her apartment. Gina received no response, but heard loud rustling noises from inside her apartment.

Gina went downstairs to the manager’s apartment and learned that no maintenance worker was in her apartment. Gina and the manager returned to Gina’s apartment together. They found the door ajar. Inside, Gina discovered that her apartment had been ransacked and several pieces of her good jewelry were missing.

Gina noted that the windows of her apartment had burglar bars on them so that the only exit from the apartment was through the door. At the end of her hallway, however, there was a fire escape door leading to a rooftop landing and exterior fire escape.

Gina called the police. At about 11:55 a.m. Officer Kelly, an evidence technician for the Chicago police department crime lab, arrived. He dusted the apartment for fingerprints and other evidence, but found nothing.

Debuono told the police what he had seen. On November 10, 1990, he was shown a photo array of six pictures. From these pictures he identified defendant McCray as the man on crutches whom he had seen entering the building and leaving on the fire escape on November 8, 1990.

On November 12, 1990, Debuono viewed a lineup in which McCray participated. Again Debuono was able to identify McCray as the man he had seen on November 8, 1990, at the 415 West Fullerton building. Debuono also made an in-court identification of McCray.

At trial Detective James Contino testified regarding McCray’s arrest. On November 12, 1990, Contino and three other detectives went to McCray’s residence. When Contino arrived at the residence, Confino observed McCray leaving the building. McCray had a cast on his leg and was walking with the aid of crutches. The detectives followed McCray as he boarded a bus, transferred from one bus to another, and then walked to a residential building at 533 West Wellington. Contino saw McCray enter the building and, approximately 15 minutes later, leave the building. The following testimony was given:

"Q. When you saw the defendant come out of the building, where were you at?
A. I was in my car parked in front of the building.
Q. "What did you do — I’m sorry. Strike that. When you saw the defendant come out of the building, did you notice anything different about the defendant?
A. Yes. He was carrying a large bag and also a bundle.
Q. Detective, how was he carrying it when he was walking with crutches?
A. The bag hanged — it was a canvas bag, I believe, it had straps. And he had that in his right-hand using a crutch in the same right-hand. And the bundle he had held between his arm and his waist while using another crutch with his left hand.
Q. What did you see the defendant do when he came out of the building at 533 West Wellington?
A. Now he spoke to a young lady and I then saw the young lady start to help him with the heavy bag he was carrying.
Q. Where was he speaking with the lady in relation to 533 West Wellington?
A. Directly in front of the building.
Q. What did you do at that point?
A. At that point, I announced we were police officers and detained him.
Q. When you say we, who was with you at that point?
A. That would have — that was Bridges and Moran.
Q. When you detained the defendant, was the defendant placed under arrest?
A. Yes, he was.
Q. Did you take possession of what the defendant was carrying? A. Yes.
Q. What did you find that to contain?
MR. WARD (defense counsel): Objection.
THE COURT: Basis?
MR. BLOCK: Relevance to the case.
MR. WARD: Relevance.
THE COURT: Sustained. Sustained.”

Subsequently, Contino testified that he advised McCray of his Miranda rights and McCray admitted that he burglarized an apartment on Fullerton and took jewelry. The jewelry, he said, was pawned at several different pawnshops on the south side, under various names.

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Cite This Page — Counsel Stack

Bluebook (online)
653 N.E.2d 25, 210 Ill. Dec. 438, 273 Ill. App. 3d 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccray-illappct-1995.