People v. Shortridge

65 N.Y. 309
CourtNew York Court of Appeals
DecidedJune 11, 1985
StatusPublished

This text of 65 N.Y. 309 (People v. Shortridge) 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. Shortridge, 65 N.Y. 309 (N.Y. 1985).

Opinion

OPINION OF THE COURT

Jasen, J.

The issue presented on this appeal is whether certain letters and conversations sought to be introduced at trial by defendant constituted declarations against penal interest which should have been admitted into evidence as exceptions to the rule against hearsay. Defendant was convicted of manslaughter in the first degree in Oneida County Court after a jury trial in which letters and conversations of his father inculpating himself and tending to exculpate defendant were refused admittance into evidence. The Appellate Division, Fourth Department, reversed the judgment below and granted a new trial on the ground that the father’s declarations against penal interest should not have been excluded. The People were granted leave to appeal by a judge of this court. We now reverse and reinstate the conviction.

On September 13, 1981, the badly decomposed remains of a human body were found in a wooded and sparsely populated area in the City of Rome. A skull was discovered in one location while the remainder of the body was found in the gully below. Two days thereafter, defendant called the police and said that he wished to speak about his activities with the decedent who, by that time, had been identified. When defendant arrived at police headquarters, he was advised of his constitutional rights, indicated his understanding, waived his rights and chose to speak. After initially telling the investigator that he had purchased a motorcycle from the decedent on August 7,1981, he explained in gruesome detail what had subsequently occurred.

Defendant said that he and the decedent drove the motorcycle to the area in which decedent’s remains were found. After drinking some beer and smoking marihuana, the decedent made [311]*311a homosexual advance toward defendant. When decedent persisted despite defendant’s rejection, defendant began striking and kicking him repeatedly in the head, the face and the stomach until decedent was unconscious. Defendant moved decedent into a recess in the ground. When defendant noticed that his own shirt was covered with blood, he removed it and hid it with decedent’s body. He then drove away.

According to defendant, he returned four or five days later and attempted to create the appearance of an accident. He said that he stabbed the decedent in the back with a stick which he then removed, and that he took a wallet and other small items from decedent’s person, which he later discarded. Defendant said that he left the scene but returned again another four or five days thereafter. At that time, he removed the decedent’s corpse from the recess in order better to conceal it elsewhere. While dragging the corpse by the shoes, the skull separated from the remainder of decedent’s body. Defendant buried the skull in a hole he had dug, and covered the body in a gully below with sticks, branches and pine needles. These admissions were consistent with police findings at the scene where decedent’s body was discovered.

Defendant was indicted on two counts of murder in the second degree. At trial, defendant sought to introduce certain letters and conversations in which his father claimed responsibility for decedent’s death. In four letters, dated May 1 through May 3, 1982, nine months subsequent to decedent’s death, the father stated that he had learned in January, from defendant’s attorney, that a knife may have been used to kill decedent, that he later came to believe that he might earlier have assaulted someone at his trailer with a knife, and that the individual must have been decedent. Defendant’s father related in the letters that he did not want his son to be imprisoned for life for what he himself had done and, moreover, that he would take care of himself to insure that he did not spend his own life in prison either. Defendant’s father was found dead, a few days later, having apparently committed suicide.

County Court refused to admit either the letters or the testimony of defense witnesses about conversations they had with defendant’s father. The court summarized the requirements for declarations against penal interest, noted that the father’s statements did not conform to other testimony adduced at trial and that the father’s recollection of his involvement was rather belated, and held that the absence of independent supporting circumstances precluded admission of the father’s declarations.

[312]*312On appeal to the Appellate Division following the jury verdict and judgment of conviction of manslaughter in the first degree, that court held that it was error to exclude the father’s out-of-court declarations. The Appellate Division reasoned that the father’s statement that he had used a knife, being “consistent with the medical evidence [and] inconsistent with defendant’s statement” (105 AD2d, at p 1129), supplied the requisite showing of trustworthiness and reliability necessary for admission into evidence under this court’s decision in People v Settles (46 NY2d 154, 167). We disagree.

This court first held in People v Brown (26 NY2d 88, 94) that a declaration against penal interest, without any concomitant risk of pecuniary or proprietary loss, is admissible into evidence as an exception to the rule against hearsay. Since that time, we have enumerated several criteria which must be demonstrated by the party offering the declaration before it may be introduced. Though somewhat variously expressed, four basic prerequisites have been repeatedly identified: (1) the declarant is unavailable to give testimony by reason of absence from the jurisdiction, refusal to testify on constitutional grounds, or death; (2) the declarant was aware at the time of its making that the statement was contrary to his penal interest; (3) the declarant had such knowledge of the facts recited in his declaration as would be required to permit him to testify to them; and (4) there exist sufficient indicia of the declaration’s trustworthiness to insure its reliability. (See, e.g., People v Settles, supra, at p 167; People v Geoghegan, 51 NY2d 45, 50 [Jasen, J., dissenting]; People v Maerling, 46 NY2d 289, 295-296; People v Harding, 37 NY2d 130, 135 [Cooke, J., concurring]; Richardson, Evidence §§ 255-263 [Prince 10th ed].) While the declarations in this case surely satisfy the first criterion, we need only address the fourth which is dispositive of this appeal.

Of that prerequisite, this court has noted that “[t]he crucial inquiry focuses on the intrinsic trustworthiness of the statement as confirmed by competent evidence independent of the declaration itself.” (People v Settles, supra, at p 169.) While the admissibility of declarations against penal interest is predicated upon the theory that their reliability can generally be presumed because a person does not ordinarily reveal facts which jeopardize his interests (see, Richardson, Evidence § 256 [Prince 10th ed]; People v Maerling, supra, at p 295; People v Settles, supra, at p 168), nevertheless, that generalization must be tempered with a recognition of the limitations upon its validity under particular circumstances. Indeed, certain considerations may be fatal to [313]*313the reliability of a declaration and thereby render the out-of-court statement inadmissible.

These considerations include the declarant’s motivation — e.g., whether the statement was designed to exculpate a loved one or inculpate an enemy. Important also is the declarant’s personality — e.g., whether he suffers psychological or emotional instability or whether he is a chronic or pathological liar.

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Related

Chambers v. Mississippi
410 U.S. 284 (Supreme Court, 1973)
People v. Brown
257 N.E.2d 16 (New York Court of Appeals, 1970)
People v. Harding
332 N.E.2d 354 (New York Court of Appeals, 1975)
People v. Settles
385 N.E.2d 612 (New York Court of Appeals, 1978)
People v. Maerling
385 N.E.2d 1245 (New York Court of Appeals, 1978)
People v. Geoghegan
409 N.E.2d 975 (New York Court of Appeals, 1980)
Cover v. Cohen
461 N.E.2d 864 (New York Court of Appeals, 1984)

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Bluebook (online)
65 N.Y. 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shortridge-ny-1985.