State v. Betances

828 A.2d 1248, 265 Conn. 493, 2003 Conn. LEXIS 336
CourtSupreme Court of Connecticut
DecidedAugust 26, 2003
DocketSC 16907
StatusPublished
Cited by52 cases

This text of 828 A.2d 1248 (State v. Betances) 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. Betances, 828 A.2d 1248, 265 Conn. 493, 2003 Conn. LEXIS 336 (Colo. 2003).

Opinion

Opinion

SULLIVAN, C. J.

The defendant, Vincent Betances, appeals1 from the judgment of conviction, rendered after a jury trial, of possession of a narcotic substance, heroin, with intent to sell in violation of General Stat[495]*495utes § 2 la-277 (a)2 and possession of a narcotic substance, heroin, within 1500 feet of a school in violation of General Statutes § 21a-279 (d).3 The defendant claims that the trial court: (1) improperly denied his motion to suppress eight bags of heroin found on his person in violation of his fifth amendment privilege against self-incrimination under Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966); (2) improperly denied his request for an in camera review of an arresting police officer’s personnel files; and (3) improperly instructed the jury that reasonable doubt is “not a doubt suggested by counsel.” We affirm the judgment of the trial court.

[496]*496The jury reasonably could have found the following facts. On June 20, 2000, Detective Alfonso Vasquez and Officer Quincy Freeman of the New Haven police department were working with the New Haven gang task force. At about 7:19 a.m., the officers, dressed in plain clothes, drove an unmarked vehicle to the intersection of James Street and Woolsey Street in the Fair Haven section of New Haven after the officers learned from a confidential informant that a man was dealing heroin in that area. The informant described the individual as a Hispanic male who was wearing a white T-shirt, blue sweatpants and blue slippers and was walking a small dog with a leash having a red handle. The officers arrived at the scene and Vasquez parked the vehicle. Several seconds later, the officers saw the defendant, who matched the informant’s description, walking on James Street toward Grand Avenue. Shortly thereafter, an unidentified white male approached the defendant and, after a brief conversation, engaged in a rapid hand-to-hand transaction with the defendant. On the basis of their training and experience, the officers believed they had witnessed a drug transaction. The exchange took place less than 1500 feet from the Christopher Columbus School, a public school in New Haven.

Vasquez made a U-turn on James Street and began driving toward the defendant. Freeman pulled out his badge, which was on a chain around his neck, opened the door to the vehicle, identified himself as a police officer and ordered the defendant to come over to him. The defendant walked toward Freeman and began pulling items, including money and papers, out of his pockets and discarding them on the ground. Freeman ordered the defendant to remove his hands from his pockets, but the defendant failed to comply. When Freeman came within two feet of the defendant, the defendant backed up, reached into his pocket, put something into his mouth, and then turned and attempted to run [497]*497away. Fearing that the defendant was destroying evidence, Freeman grabbed the defendant around the waist from behind and attempted to restrain him. Vasquez then exited the vehicle and attempted to subdue the defendant by grabbing his shoulder. Because the defendant continually reached toward his waistband with his left hand, Vasquez feared that he had a weapon there and attempted to keep the defendant’s hand away from that area. The defendant continued to struggle with the officers and attempted to rim away, but the officers ultimately subdued and handcuffed him and placed him under arrest for interfering with a police officer.

At that point, Vasquez conducted a patdown search of the defendant and detected a hard, square object in the waist area of his pants. Vasquez opened the defendant’s waistband and removed thirty glassine bags labeled, “The Cure,” which, after a field test, he confirmed to be heroin.4 In addition, the officers seized $113 that the defendant had thrown onto the ground.

After other police units arrived, the defendant was placed in the backseat of a police cruiser. While in the back of the cruiser, the defendant began showing signs of medical distress, including paleness, profuse sweating, difficulty breathing and a lack of response to verbal commands. In addition, his eyes rolled toward the top of his head. Vasquez asked the defendant if he had swallowed any drugs, and the defendant replied that he had swallowed four bags of heroin. Fearing for the defendant’s safety, the police called for an ambulance. After the defendant was initially treated at the scene, an ambulance transported him to Yale-New Haven Hospital for further treatment. Freeman accompanied the defendant in the back of the ambulance. The emergency [498]*498medical technician, placed a mask over the defendant’s nose and mouth to help him breathe. He also administered Narcan, a medication that prevents cells from absorbing narcotics. Soon thereafter, the defendant asked the emergency medical technician to remove the mask and vomited eight heroin packets labeled “The Cure.” Upon arrival at the hospital, Freeman seized the eight packets of heroin.

Prior to trial, the defendant filed a motion to suppress: (1) incriminating statements regarding the alleged ingestion of narcotic substances made to Vasquez and any and all police officers and medical personnel; (2) any and all evidence obtained as a result of any incriminating statement made; and (3) the thirty bags of heroin that were seized from his person. The court granted the motion with respect to the defendant’s statement regarding the ingestion of four bags of heroin, concluding that it was the product of an unlawful custodial interrogation. The trial court denied the motion, however, with respect to the second and third issues. The court concluded that Vasquez had seized the thirty bags of heroin from the defendant’s person during a lawful search incident to a lawful arrest and that the eight bags of heroin that Freeman had seized after the defendant vomited them were not the fruit of an illegal search.

Also prior to trial, the defendant subpoenaed the office of the corporation counsel of the city of New Haven and the keeper of records of the New Haven police department for, inter alia, Freeman’s personnel records.5 The defendant claimed that those files were [499]*499necessary because Freeman’s testimony on the witness stand during the suppression hearing was inconsistent with his police report. The office of the corporation counsel and the department of police services moved to quash the defendant’s subpoena of police personnel records. In addition, the state moved for a protective order for those records. The court granted both motions. Following trial, the jury returned a verdict of guilty on both charges, and the court rendered a judgment of conviction. Thereafter, the court sentenced the defendant to a total effective term of seventeen years imprisonment. This appeal followed.

I

The defendant first claims that the trial court improperly denied his motion to suppress the eight bags of heroin that he vomited while traveling in the ambulance that took him to the hospital. The defendant advances three grounds to support his claim.

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Cite This Page — Counsel Stack

Bluebook (online)
828 A.2d 1248, 265 Conn. 493, 2003 Conn. LEXIS 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-betances-conn-2003.