People v. Schaeffer

438 N.E.2d 94, 56 N.Y.2d 448, 452 N.Y.S.2d 561, 1982 N.Y. LEXIS 3453
CourtNew York Court of Appeals
DecidedJuly 1, 1982
StatusPublished
Cited by46 cases

This text of 438 N.E.2d 94 (People v. Schaeffer) 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. Schaeffer, 438 N.E.2d 94, 56 N.Y.2d 448, 452 N.Y.S.2d 561, 1982 N.Y. LEXIS 3453 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Fuchsberg, J.

The question presented on this appeal is whether the concededly erroneous admission into evidence of a statement given in violation of his right to counsel by defendant, Charles Schaeffer, was harmless error in light of his other statements which properly were received. The Appellate Division held the tainted statement harmless and affirmed defendant’s conviction (79 AD2d 1034). Because we cannot agree with this conclusion, we reverse and order a new trial.

At a suppression hearing, it was adduced that early one morning, the body of Charlie Angelos was found dead at the bar he tended at the Steinway Terrace in Queens. He had been shot through the head. Later that day, preliminary investigation led detectives to seek out defendant at his mother’s house, from which they asked him to accompany them to the police station. These detectives testified that he did so willingly and that they therefore had no occasion to question him or to give him the warnings against self incrimination mandated by Miranda v Arizona (384 US 436). Defendant’s mother, the only witness the defendant produced at the hearing, described how, as her son left with the officers, he asked her to call an attorney named Lester. On this point the detectives’ recollection was to the contrary.

The hearing also developed that, when the defendant arrived at the station house, he was turned over to another officer, Detective McTigue, who, in his turn on the stand, narrated how “I advised the defendant of his right to [452]*452counsel and he indicated to me that he didn’t do anything and that he would answer questions put to him. I asked him if he owned a gun and he said that he didn’t own a gun. I asked him if he was at the Steinway Terrace Park on March 18 and 19 and he stated that he went in there in the evening, maybe around 5 P.M. or 7 P.M. He stated he had some drinks, he left and he went to P.J.’s Bar on 21st Street. Later on in the evening, he came back to the Steinway Terrace Bar. He had a drink and then he went home.” At this juncture, as McTigue went on to relate, he confronted the defendant with a man named McGuinness, upon whose appearance the defendant asked “Aren’t you the man that was in the bar when I left last night?”, to which McGuinness replied, “Wait a minute. You have it reversed. You were the man in the bar when I left, you were the only one left in the bar; that must have been 3:45 A.M.”. And, after McGuinness was excused, McTigue, accusing the defendant of lying, told him, “You said you didn’t own a gun and I have a man that said you told him that you owned a .45. You said that you were not the last one in the bar and now I have a man who said you were the last one in the bar”. After McTigue reiterated the claimed inconsistencies “several times”, defendant finally replied, “All right, I shot him. I will take you to where the gun is”. This was his first admission of the shooting.

Continuing his testimony, McTigue described how the defendant then led him: and several other detectives back to his mother’s house, where he pointed to a box which he said contained the murder weapon. When McTigue opened it and found no gun, the defendant, explained, “Well, the other gun is in the back” and indicated a second box. Opening this one, McTigue recovered a bolstered, fully loaded .38 caliber pistol, which defendant identified as one he had taken from the deceased. Right after that, according to McTigue, the defendant asked his mother to give the police the murder weapon and volunteered, “I shot the man and I want to get it over with”. Significantly, at this time, while they were all still at the mother’s house, as McTigue later acknowledged, the mother called out that there was a lawyer on the telephone and McTigue replied that he would not speak to any lawyer on the telephone and that, if [453]*453it was defendant’s lawyer, she should tell him to meet them at the station house.

The police then returned the defendant to the station house, where he made a third, this time more detailed, oral statement to McTigue, who related it to the hearing court as follows: “I questioned the defendant some more and he stated that he was in the bar, he had about 20 drinks, scotch and soda. There were three people at the bar, himself, the cook, Tommy [Planz], and another man with gray hair [Mr. McGuinness] * * * He stated that after a while, Tommy Planz, the cook, left and that left himself and the gray-haired man at the end of the bar. At about 3:30, twenty minutes to four, the man at the end of the bar left which left him and the bartender. Charlie, the bartender, started to count the receipts. Mr. Scha[ef]fer took a $5 bill out and put it on the counter as a tip for the bartender. He took out the .45 and pointed it at Charlie and Charlie said, ‘Look, don’t get excited, I will take my gun out and I will put it on the bar so you can see that everything is all right.’ He said with that the gun went off and it kept on going off and Charlie fell down * * * He then said, T went behind the bar and took the gun. I went home. I put the gun in the basement and I went to bed.’ ”

It was on this record and no more that the hearing court found that defendant’s statements were made “[after] he was told of his rights [and] waived his right to remain silent and he waived his right to counsel when he made the statements”. No specific finding was made concerning the point at which defendant invoked his right to counsel. All the statements were ruled admissible.

Testimony that these three statements and two later ones were made was introduced at the trial. Of the additional two, the initial one was made in a police car on the way back from the mother’s house after the defendant had given McTigue the gun he admitted taking from Angelos. It is undisputed that it started with a self-generated remark by the defendant that “You guys must hate me for what I did” and, after the two detectives who heard it reassured the defendant on this point, he continued, “Charlie was a good friend of mine. Charlie was the only guy that ever did anything for me, and look what I did to [454]*454him”. The last of the two additional statements were part of a telephone conversation between the defendant and his mother and brother while he was waiting to be booked. McTigue, who overheard the conversation, quoted the defendant as having said, “Mom, you do not understand me. You know I had problems”, and, to the brother, “Do not wind up like me. You know what I am doing, do not be like me”. At trial, defense counsel did not object to the introduction of any of this matter.

Assuming, without deciding, that defendant’s first two statements were properly admitted at the trial,

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Bluebook (online)
438 N.E.2d 94, 56 N.Y.2d 448, 452 N.Y.S.2d 561, 1982 N.Y. LEXIS 3453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schaeffer-ny-1982.