People v. Norcott

15 A.D.3d 14, 787 N.Y.S.2d 241, 2004 N.Y. App. Div. LEXIS 15371
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 16, 2004
StatusPublished
Cited by5 cases

This text of 15 A.D.3d 14 (People v. Norcott) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Norcott, 15 A.D.3d 14, 787 N.Y.S.2d 241, 2004 N.Y. App. Div. LEXIS 15371 (N.Y. Ct. App. 2004).

Opinions

OPINION OF THE COURT

Friedman, J.

The primary question on this appeal, involving a robbery that resulted in a vicious murder, is whether the trial court committed reversible error when it precluded defense counsel from eliciting testimony that was intended to show that the prosecution’s main witness had a motive to lie to implicate defendant in the crime. We find that we need not determine whether the challenged ruling was erroneous because the record before us makes it clear, beyond a reasonable doubt, that the witness’s motive to lie was readily apparent to the jury, and, therefore, the court’s error, if any, was harmless.

Defendant was charged with having acted in concert with two accomplices to rob and murder a man named Yousef Mohammed. According to the People, defendant and his accomplices lured Mohammed to an apartment by proposing to buy drugs from him. When Mohammed came to the apartment to conduct the proposed drug deal, defendant and his accomplices allegedly robbed and killed him. At defendant’s trial, the prosecution’s main witness was Xanderia Burnett, the tenant of the upper Manhattan apartment where the murder occurred. The substance of Burnett’s direct testimony, as well as certain other evidence presented at trial, is summarized below.

In early January of 1996, Burnett happened to see defendant, an old acquaintance of hers, at a bar. After talking to Burnett for a while, defendant offered to pay her $1,500 if she would allow him to use her apartment to “meet up” with a “friend.” Burnett, who understood that defendant wanted to close a drug deal in her apartment, agreed to the proposal. Shortly thereafter, defendant and a confederate of his, whom Burnett knew as “Moe,” moved into Burnett’s apartment, apparently intending to stay until the deal could be transacted.

[16]*16About a week and a half after defendant and Moe moved into Burnett’s apartment, defendant told Burnett that “his friend was in town,” and that defendant wanted Burnett “to go down to meet his friend.” Burnett agreed, and defendant drove Moe and Burnett (whose two-year-old son was with her at the time) from Burnett’s apartment building to a downtown hotel. The group proceeded to one of the hotel rooms, where defendant knocked on the door. A man opened the door, and the group entered the room. The man who opened the door was introduced to Burnett as “Yousef.” During the visit, which lasted from 45 minutes to an hour, defendant and Yousef engaged in a conversation that Burnett did not overhear. Defendant and his group then returned to Burnett’s apartment.

At some point while defendant was living in the apartment, Burnett observed him sitting in her living room, loading bullets into a handgun. She told him to get the gun out of the apartment, and he said he would do so.

On January 22, 1996, shortly after the day of the gun-loading incident, defendant, Moe and “Farrow,” a second confederate of defendant, drove from Burnett’s apartment down to Yousef’s hotel in two cars, with Burnett in one of the cars. Yousef then joined the group, whereupon they all drove back to Burnett’s apartment. After the group arrived at the apartment, Burnett and defendant left, at defendant’s suggestion, to visit defendant’s parole officer, while Yousef, Moe and Farrow remained behind in the apartment.

When Burnett and defendant returned to the apartment from the parole office, Moe and Farrow were sitting in the living room watching television, but Yousef was nowhere in sight. Burnett asked where Yousef was, and received no answer. Defendant, on the other hand, asked Moe and Farrow if they had gotten “the key,” whereupon the three men went into a bedroom, closing the door behind them. After several minutes, the men emerged from the bedroom, and defendant demanded that Burnett accompany him to the victim’s hotel. Burnett did so, and, on the way to the hotel, defendant told Burnett that he wanted her to help him “carry some drugs back.” Upon arriving at the hotel, Burnett saw defendant use a key to let himself into the victim’s hotel room, after which he located and removed a number of taped-up “little brown lunch bags,” which defendant said contained the drugs he wanted.

When Burnett and defendant returned to her apartment from the hotel, defendant, Moe and Farrow again went into the [17]*17bedroom where they had previously met, and spent about 15 minutes in the room with the door closed. After the men emerged from the bedroom, they left the door ajar, and Burnett noticed Yousefs body lying face-down on the bed in that room, with a bleeding head wound. Burnett asked what happened, and defendant told her to “calm down” or else she would “be dead too.” Burnett then saw defendant, Moe and Farrow divide the bags from Yousefs hotel room among themselves. When it became dark, defendant demanded that Burnett help remove the body from the apartment, which she did. She then cleaned up the blood in the apartment, also at defendant’s demand.

Defendant continued to live in Burnett’s apartment until the April following the murder, when he was arrested for an unrelated parole violation. Even after defendant was gone, Burnett never reported the murder to the police on her own initiative because, she said, she feared what defendant might do to her or her family. For the same reason, she moved out of state in January 1997, after she learned that defendant was being released from jail.

On January 31, 1996, a police detective investigating the murder of Mohammed (whose body had been discovered on January 23) visited Burnett’s apartment.1 Defendant answered the door, and told the detective that Burnett was not home, whereupon the detective left. The detective returned to the apartment on February 2, 1996, and this time spoke to Burnett; he also observed defendant within the dwelling. Although Burnett told the detective defendant’s name at that time, she did not disclose anything relating to the homicide because defendant had threatened to harm her son (who was in the apartment at the time) if she did.

In July 1998, the same detective who had interviewed Burnett shortly after the murder visited Burnett at her new home in another state. The detective began by showing Burnett photographs of defendant and Mohammed, among other people; she admitted that she recognized defendant, but denied that she [18]*18recognized Mohammed. After some further discussion (the substance of which was not disclosed to the jury), Burnett “broke down” and began to cry. She then accompanied the detective to a police station, where, after being read her Miranda rights, she made a statement implicating defendant, Moe and Farrow in Mohammed’s murder. Defendant was arrested the following October; Moe and Farrow have never been apprehended.

In addition to the foregoing evidence, the People presented telephone records demonstrating, among other things, that calls were exchanged during the relevant period between Mohammed and the Florida home of defendant’s parents. The People also presented papers found in Mohammed’s hotel room that contained handwritten notations of defendant’s name and of telephone numbers where he could be reached. Based on such evidence, and additional evidence that, among other things, connected defendant to Mohammed, Moe and Farrow, and placed him at Burnett’s apartment during the time period of the murder, the jury convicted defendant of second-degree murder and first-degree robbery. On defendant’s appeal, we affirm the judgment of conviction.

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

Related

Degree v. Corey
S.D. New York, 2024
People v. Corby
2019 NY Slip Op 9089 (Appellate Division of the Supreme Court of New York, 2019)
Norcott Corby v. Dale Artus, et ano
699 F.3d 159 (Second Circuit, 2012)
Corby v. Artus
783 F. Supp. 2d 547 (S.D. New York, 2011)
People v. Soto
8 Misc. 3d 350 (New York Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
15 A.D.3d 14, 787 N.Y.S.2d 241, 2004 N.Y. App. Div. LEXIS 15371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-norcott-nyappdiv-2004.