State v. Ballas

433 A.2d 989, 180 Conn. 662, 1980 Conn. LEXIS 809
CourtSupreme Court of Connecticut
DecidedMay 20, 1980
StatusPublished
Cited by28 cases

This text of 433 A.2d 989 (State v. Ballas) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ballas, 433 A.2d 989, 180 Conn. 662, 1980 Conn. LEXIS 809 (Colo. 1980).

Opinion

Loiselle, J.

The defendant was convicted by a jury of first degree larceny in violation of General Statutes §§ 53a-119 and 53a-122 (a) (2). His appeal raises several issues concerning the procedures which led to his conviction and the sufficiency of the state’s evidence.

The first error claimed by the defendant is that his right to due process of law was violated by the trial court’s partial denial of his motion for a bill of particulars. The defendant contends that the short form information, as supplemented, was vague and failed to inform him of the conduct which constituted the offenses alleged. The information [664]*664accused the defendant “of Larceny in the First Degree and charges that at the City of Danbury in [Fairfield] County, on the 30th day of May 1973, and on the 1st day of June, 1973, the said Diogenes J. Balias did commit Larceny of the personal properties of Helmut Huber and Paul Leili, valued in excess of two thousand dollars ($2,000), in violation of Section 53a-119 and Section 53a-122(a) (2) of the Connecticut General Statutes.” The bill of particulars states that the specific manner in which the defendant is alleged to have violated § 53a-119 is described in subparagraph (2) of that statute, obtaining property by false pretenses; that the properties taken were Huber’s money order and Leili’s cashier’s check; and that the nature of the “false token, pretense or device” involved was Ballas’ false representation that the money was to be used to purchase 120 acres of land on Reservoir Road, New Milford, Connecticut, from the estate of one Rosalowski through the Palm Beach Savings Bank, Palm Beach, and that he, Balias, had arranged financing with that bank for the purchase of the land. If the bill of particulars is to be considered in conjunction with the information; State v. Coleman, 167 Conn. 260, 268-69, 355 A.2d 11 (1974); the test to be applied is as follows: “[If] the state’s pleadings . . . informed the defendant of the charge against him with sufficient precision to enable him to prepare his defense and to avoid prejudicial surprise, and were definite enough to enable him to plead his acquittal or conviction in bar of any future prosecution for the same offense, they have performed their constitutional duty. . . .” (Citations omitted.) State v. Sumner, 178 Conn. 163, 168, 422 A.2d 299 (1979). We fail to see how the defendant could have been misled as to [665]*665the offense with which he was charged. Indeed, the allegations here are more precise than those in Sumner because the information specified a violation of § 53a-119 as well as of § 53a-122 (a) (2) and the bill of particulars specified that the state intended to proceed upon a theory of larceny by false pretenses as described in § 53a-119 (2). The court did not err in denying the defendant’s motion.

The defendant next claims that the information and bill of particulars fail to state an offense because the bill of particulars alleged that the defendant obtained property by false pretenses; General Statutes § 53a-119 (2); but described the manner in which he did so as false promise. General Statutes § 53a-119 (3). This is inaccurate. The bill of particulars described the general nature by which the defendant obtained the property as misrepresentation of both existing facts and expressed intentions as to what he planned to do with the complainants’ money in the future. The allegations clearly state an offense under § 53a-119 and §53a-122 (a) (2).

The defendant contends that the court erred in denying his motion to dismiss because the warrant for his arrest was issued without a showing of probable cause. He claims that the affidavit supporting the warrant consisted almost entirely of hearsay which without more is insufficient as a matter of law to sustain a finding of probable cause, or, in the alternative, that if the hearsay contained in the affidavit may be considered by the magistrate, the facts contained in the affidavit do not establish probable cause. An affidavit may be based on hearsay information provided “the magistrate [is] informed of some of the underlying circumstances [666]*666from which the informant concluded [what he did] and some of the underlying circumstances from which the officer concluded that the informant, whose identity need not be disclosed . . . was ‘credible’ or his information ‘reliable.’ ” Aguilar v. Texas, 378 U.S. 108, 114, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964); State v. Saia, 172 Conn. 37, 41, 372 A.2d 144 (1976). In this ease, the informants Leili and Huber were the victims of and participants in the crime. State v. Jackson, 162 Conn. 440, 446, 294 A.2d 517, cert. denied, 409 U.S. 870, 93 S. Ct. 198, 34 L. Ed. 2d 121 (1972). Their stories were told to the affiants in a detailed and consistent manner which related their personal interaction with Balias. In addition, the affiants swore that Leili and Huber had shown them copies of the $7000 check and the $5000 money order which they had endorsed to Balias, corroborating their allegations that they had given these amounts to Balias. The affiants also swore that they had seen Huber’s telephone bill listing his long distance telephone calls to Florida, corroborating his claim that he had made such calls to verify Balias’ statements. The affiants verified by their own investigation at the town clerk’s office in New Milford that the 120 acres on Reservoir Road which had been sold on June 27, 1973, had never been owned by a person named Rosalowski. That the land was in fact sold in June corroborates Leili’s statement to the affiants that when he told a friend who was employed in the real estate business that he had bid on the property, his friend laughed and told him that he should get his money back because the property had been sold for about two months. The affidavit adequately divulges the underlying circumstances to show that Leili and Huber were credible and their information reliable. [667]*667Aguilar v. Texas, supra. In addition, the affidavit contains independent corroboration of Leili and Huber’s allegations in the form of a phone bill, the copies of the negotiable instruments and the New Milford land records. Spinelli v. United States, 393 U.S. 410, 89 S. Ct. 584, 21 L. Ed. 2d 637 (1969). Since the facts stated in the affidavit establish probable cause for the warrant to arrest Balias for larceny, the court did not err in refusing to grant that portion of the defendant’s motion to dismiss which was addressed to this claim.

The defendant’s attack on the trial court’s jurisdiction also alleges error in the procedure by which he waived a hearing in probable cause.1 According to the defendant, the waiver was involuntary and invalid because it was motivated by fear of further incarceration. The defendant asserts that the attorney who represented him at the bindover proceeding in Circuit Court told him that if he insisted on a hearing in probable cause the prosecutor would seek and most likely be able to obtain an increase in bond, and that on that advice he entered the waiver to avoid returning to jail.

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

Related

State v. Fisher
342 Conn. 239 (Supreme Court of Connecticut, 2022)
DiNapoli v. Regenstein
167 A.3d 1041 (Connecticut Appellate Court, 2017)
Grayson v. State
824 So. 2d 804 (Court of Criminal Appeals of Alabama, 1999)
Walton v. Warden, State Prison, No. Cv 91 1282 S (May 7, 1998)
1998 Conn. Super. Ct. 5585 (Connecticut Superior Court, 1998)
State v. Coleman
675 A.2d 887 (Connecticut Appellate Court, 1996)
State v. Reis
636 A.2d 872 (Connecticut Appellate Court, 1994)
State v. Marra
610 A.2d 1113 (Supreme Court of Connecticut, 1992)
State v. Mezrioui
602 A.2d 29 (Connecticut Appellate Court, 1992)
State v. Hernandez
590 A.2d 112 (Supreme Court of Connecticut, 1991)
State v. Torres
588 A.2d 232 (Connecticut Appellate Court, 1991)
State v. Spigarolo
556 A.2d 112 (Supreme Court of Connecticut, 1989)
State v. Vinal
534 A.2d 613 (Supreme Court of Connecticut, 1987)
State v. Steve
529 A.2d 229 (Connecticut Appellate Court, 1987)
State v. Bunkley
522 A.2d 795 (Supreme Court of Connecticut, 1987)
State v. Webb
514 A.2d 345 (Connecticut Appellate Court, 1986)
State v. Waterman
509 A.2d 518 (Connecticut Appellate Court, 1986)
Van Steensburg v. Lawrence & Memorial Hospitals
481 A.2d 750 (Supreme Court of Connecticut, 1984)
State v. Killenger
475 A.2d 276 (Supreme Court of Connecticut, 1984)
State v. Vitale
460 A.2d 961 (Supreme Court of Connecticut, 1983)
State v. Roque
460 A.2d 26 (Supreme Court of Connecticut, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
433 A.2d 989, 180 Conn. 662, 1980 Conn. LEXIS 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ballas-conn-1980.