People v. Van Patten

48 A.D.3d 30, 850 N.Y.S.2d 213
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 27, 2007
StatusPublished
Cited by18 cases

This text of 48 A.D.3d 30 (People v. Van Patten) 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. Van Patten, 48 A.D.3d 30, 850 N.Y.S.2d 213 (N.Y. Ct. App. 2007).

Opinion

OPINION OF THE COURT

Mercure, J.

[32]*32In July 2004, Donald Cerio, the District Attorney for Madison County, received a letter threatening his life and the lives of his wife and children, as well as the lives of several county employees, unless Cerio ceased any prosecutions involving violations of Penal Law article 490, which prohibits, among other things, making terroristic threats. The letter was signed “James” and included defendant’s full name, prison identification number and the address of the detention facility where defendant was held on unrelated parole violation charges. The letter further indicated that the Madison County Courthouse and the County Department of Social Services would “look like the Olklahoma [sic] City federal” building. The sole relevant prosecution pending at the time involved defendant’s biological father, Donald Jenner (see People v Jenner, 39 AD3d 1083 [2007], lv denied 9 NY3d 845 [2007]).

Defendant thereafter confessed that he wrote the letter to a police investigator, and fingerprints found on the letter were traceable to defendant. In addition, during a parole violation hearing, defendant admitted to threatening his parole officer and a deputy sheriff in the letter. He was subsequently charged in an indictment with one count of making a terroristic threat. Following a jury trial, he was found guilty as charged and sentenced, as a second felony offender, to the maximum term of seven years in prison. Defendant appeals and, inasmuch as we conclude that he was prejudiced by the improper admission of his statements to the police investigator, we now reverse.

Initially, we reject defendant’s argument that the indictment must be dismissed because Penal Law § 490.201 is unconstitutionally vague as applied to him. As this Court recently held, “Penal Law § 490.201 survives the test for constitutional vagueness because the statutory language sufficiently apprises persons of ordinary intelligence of the type of conduct that is forbidden and provides law enforcement officials [33]*33with clear standards for enforcement” (People v Jenner, 39 AD3d at 1085 [citations omitted]; see generally People v Stuart, 100 NY2d 412, 420-421 [2003]). In our view, the language of the statute is not vague as applied to defendant; that is, he cannot reasonably contend that in threatening Cerio, his family and numerous county employees with murder unless Cerio ceased prosecuting any cases involving a violation of Penal Law article 490, he did not intend to “influence the policy of a unit of government by intimidation or coercion! ] or affect the conduct of a unit of government by murder, assassination or kidnapping” (Penal Law § 490.20 [1]; see People v Jenner, 39 AD3d at 1086). Furthermore, given defendant’s concession that Cerio could have feared that defendant would have an accomplice pursue his threats in the letter to murder an extensive list of people “by the end of the year,” he cannot reasonably claim that he did not “thereby cause[ ] a reasonable expectation or fear of the imminent commission of such offense” (Penal Law § 490.20 [1] [emphasis added]; see People v Stuart, 100 NY2d at 426-429).

We agree with defendant, however, that County Court (McDermott, J.) erred in denying his motion to suppress his statements to police investigator Mark Nell on the ground that those statements were elicited in violation of defendant’s Miranda rights. When “the circumstances of the detention and interrogation of a prison inmate . . . entail added constraint that would lead a prison inmate reasonably to believe that there has been a restriction on that person’s freedom over and above that of ordinary confinement in a correctional facility, Miranda warnings are necessary” (People v Alls, 83 NY2d 94, 100 [1993], cert denied 511 US 1090 [1994]; see People v Ward, 241 AD2d 767, 768 [1997], lv denied 91 NY2d 837 [1997]). Here, the interrogation of defendant at the detention facility—which took place in a classroom with correction officers standing outside the door while defendant was not permitted to leave on his own—was custodial in nature. Thus, as the People concede, Nell was obligated to inform defendant of his rights (see People v Alls, 83 NY2d at 102-103). The People argue, however, that Nell’s testimony at the suppression hearing refutes defendant’s assertion that he was subject to interrogation before he was read his Miranda rights. Rather, they maintain that when Nell first met defendant and was in the process of explaining the purpose of his visit, defendant spontaneously confessed to writing the letter.

[34]*34In our view, Nell’s explanation to defendant regarding why he wanted to speak with defendant was the functional equivalent of interrogation and, thus, County Court’s determination that the statement was spontaneous is not supported by the record (see People v Vaughn, 275 AD2d 484, 487 [2000], lv denied 96 NY2d 788 [2001]). In determining whether police conduct constitutes interrogation, the question is not what “the subjective intent of the police [was], but . . . whether an objective observer with the same knowledge concerning the suspect as the police had would conclude that the remark or conduct of the police was reasonably likely to elicit a response” (People v Ferro, 63 NY2d 316, 319 [1984], cert denied 472 US 1007 [1985]; see People v Paulman, 5 NY3d 122, 129 [2005]). Nell testified during the suppression hearing that in explaining his purpose prior to administering Miranda warnings, he

“[t]old [defendant] I was basically trying to find out if he had any knowledge of this letter being out there. If he was aware of it. The merit of it. If it was something that should be taken serious. More or less advising him that I was looking into possibly who had written the letter . . .
“I had also mentioned something about the possibility of even if someone else had written it and put his name on it. And he says, I wrote it.”

This testimony, which was fully credited by County Court, establishes that defendant’s statement that he “wrote it” was not spontaneous, but induced by Nell’s lengthy description of the questions he intended to ask defendant regarding the letter, and that Nell should have known that his statements were likely to elicit an incriminating response (see People v Paulman, 5 NY3d at 129; People v Ferro, 63 NY2d at 323-324; see also People v Lanahan, 55 NY2d 711, 713-714 [1981]; cf. People v Wearen, 19 AD3d 1133, 1134 [2005], lv denied 5 NY3d 834 [2005]).

Moreover, where a statement obtained in violation of a defendant’s Miranda rights gives rise to a subsequent statement after the warnings are administered, “[t]he later statement is . . . admissible [only] if there is a definite, pronounced break in questioning so as to provide the defendant with sufficient time to reflect upon the situation and return him or her ‘to the status of one who is not under the influence of questioning’ ” (People v Durrin, 32 AD3d 665, 668 [2006] [citations omitted]; see People v Paulman, 5 NY3d at 130-131). Nell testified that after defendant admitted writing the letter, he immediately [35]*35gave defendant the Miranda warnings, briefly took some pedigree information and then continued asking about the letter.

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Bluebook (online)
48 A.D.3d 30, 850 N.Y.S.2d 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-van-patten-nyappdiv-2007.