People v. Ricardo B.

130 A.D.2d 213, 518 N.Y.S.2d 843, 1987 N.Y. App. Div. LEXIS 46217
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 24, 1987
StatusPublished
Cited by10 cases

This text of 130 A.D.2d 213 (People v. Ricardo B.) 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. Ricardo B., 130 A.D.2d 213, 518 N.Y.S.2d 843, 1987 N.Y. App. Div. LEXIS 46217 (N.Y. Ct. App. 1987).

Opinion

OPINION OF THE COURT

Brown, J.

Among the issues confronting us on this appeal is whether the County Court erred in impaneling multiple juries to separately determine the guilt or innocence of two jointly tried defendants.

Shortly after 11:00 p.m. on January 31, 1983, Troadio Martinez, a retired New York City police officer and his teen-age son, Martin, were stopped in their car at the intersection of Hempstead Turnpike and Silver Lane in Levittown. Facing north on Silver Lane, they waited for the light to change as a woman in a gold or brown Chevrolet Nova began to turn left from the westbound turning lane of Hempstead Turnpike across the eastbound lanes thereof into Silver Lane. As Martinez and his son observed the Nova’s driver turn at a slow speed and look to her right, they heard the loud roar of car engines from somewhere to their left. As they turned toward [215]*215the sound, they saw two cars rapidly approaching in the eastbound lanes of the Turnpike, traveling at the same speed abreast of each other. The two cars appeared to collide with the Nova at the same time, causing a loud explosion, a shower of sparks and clouds of black smoke. The car in the eastbound center lane (closest to the witnesses), a blue Pontiac Trans Am, separated from the collision, skidded to the south curb and flipped over. The car in the eastbound left lane, a red Camaro, dragged the Nova further east down Hempstead Turnpike until they both came to a stop near the south curb. The driver of the Nova, 35-year-old Mildred Carman, died instantly from skull fractures and intracranial hemorrhage. The defendant, Edward Ahrens, the driver of the blue Trans Am, was removed unconscious from his car with trauma injuries and taken to the hospital where he regained consciousness three days later and remained hospitalized another week for treatment. The defendant, Ricardo B., driver of the Camaro, and his passenger, Edgar Barrero, sustained only minor cuts.

Neighbors and bystanders gathered at the scene of the collision and, according to the teen-age eyewitness, Martin Martinez, the witness mentioned to someone in the crowd that the cars were drag racing before the impact, at which point, he testified, the defendant Ricardo B. told him not to tell the police that they were drag racing; "tell them we were only doing 55 or we’ll get in trouble”. In a statement the defendant Ricardo B. later gave to a police detective, he claimed that he had been driving between 40 and 42 miles per hour (the speed limit on Hempstead Turnpike is 40 miles per hour) and that the Nova turned right in front of him.

The defendants were indicted and charged with manslaughter in the second degree (Penal Law § 125.15 [1]) and criminally negligent homicide (Penal Law § 125.10) on alternative theories of individual and accomplice liability. Since the People indicated that they intended to introduce at trial the defendant Ricardo B.’s inculpatory statement made at the scene to the eyewitness, the defendant Ahrens moved for a severance of his case and a separate trial from that of his codefendant pursuant to CPL 200.40 (1) and Bruton v United States (391 US 123). The People opposed the application and requested instead that the case be tried before two juries, one for each defendant. Over the objections of both defendants, the trial court granted the People’s motion and impaneled two juries. The members of each jury were given labels to wear [216]*216designating which defendant’s fate they were considering. They were instructed by the trial court not to communicate with the members of the other defendant’s jury, and not to speculate about the reason for the presence in the courtroom at times of only one of the two juries. Opening statements were made to each jury separately and then both juries were brought into the courtroom to hear the testimony. During the introduction of Ricardo B.’s inculpatory statements, only his jury remained in the courtroom while the Ahrens jury was excluded. Separate summations were delivered to each jury and, without objection, the court gave one charge to both juries, omitting any mention of the inculpatory statements.

The People’s case rested primarily on the testimony of the eyewitnesses and on testimony from three accident reconstruction experts. These experts examined the scene and the damaged cars, took photographs and made measurements, and in one case, utilized a computer program to calculate the speed and direction of the cars prior to impact and the sequence in which the impact occurred. Their estimates of the preimpact speed of the Trans Am and Camaro ranged from 70 to 90 miles per hour, while the Nova’s speed was estimated at 15 to 20 miles per hour as it made its turn. These experts agreed that the Trans Am hit the Nova first, impacting the Nova’s right front, and a split second later, the Camaro hit the Nova’s right rear. There were no skid marks on the road, indicating little or no braking prior to impact. Based on their calculations and observations, it was the opinion of the People’s experts that if the eastbound cars had been traveling at 40 to 50 miles per hour, they would have passed behind the Nova and the collision would not have occurred.

The autopsy on the victim disclosed that she had .12 of 1% of alcohol in her brain, indicating legal intoxication (Vehicle and Traffic Law § 1192 [2]). Although none of the accident reconstruction experts called by either side considered the victim’s intoxication to have been a cause of the collision, the defense gave it great weight and sought to persuade the two juries that the victim was a drunk driver who had failed to yield the right-of-way to the oncoming eastbound cars and had therefore brought about her own death.

Both defendants testified. Each denied that they were known to one another prior to the accident. Each, however, admitted that he had noticed the other car and driver as they were stopped side by side at a stoplight .4 of a mile west of the accident site. Each denied exchanging any words or signals [217]*217with the other. Ricardo B. testified that he proceeded first when the light changed and accelerated to "a little over 40, tops” when suddenly a car turned directly in front of him. He stated that he braked and turned his wheel to the left but that it was too late to avoid the collision and his Camaro hit the right rear of the Nova, rotating the Nova in a clockwise direction into the path of the Trans Am. Ricardo B. said that he felt a second impact as though he "got hit again”.

Ahrens agreed that Ricardo B.’s Camaro left the stoplight first, but Ahrens claimed that he had been tuning his radio and not paying any attention to that car. He said that as he drove towards Silver Lane, the Camaro was 3 to 4 car lengths ahead of him; that he did not know the speed limit and had accelerated his Trans Am to between 50 and 55 miles per hour. Suddenly, he testified, a car about 10 to 15 feet ahead of him cut across the eastbound lanes and was hit by the Camaro, rotating it into the path of his car. Ahrens did not remember whether or not he had braked his car, and said that he had lost consciousness at impact. Both defendants denied roaring their engines or participating in a drag race.

Each defendant presented his own accident reconstruction expert. The opinions of these two experts, although differing in some details, essentially corroborated the defendants’ testimony about how the collision happened. Based on their investigations, measurements and calculations, the defendants’ experts estimated the Camaro’s preimpact speed at 35 to 40 miles per hour.

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Bluebook (online)
130 A.D.2d 213, 518 N.Y.S.2d 843, 1987 N.Y. App. Div. LEXIS 46217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ricardo-b-nyappdiv-1987.