State v. Crosby

491 A.2d 1092, 196 Conn. 185, 1985 Conn. LEXIS 765
CourtSupreme Court of Connecticut
DecidedMay 7, 1985
Docket11706
StatusPublished
Cited by21 cases

This text of 491 A.2d 1092 (State v. Crosby) 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. Crosby, 491 A.2d 1092, 196 Conn. 185, 1985 Conn. LEXIS 765 (Colo. 1985).

Opinion

Shea, J.

After a jury trial the defendant was convicted of burglary in the third degree in violation of General Statutes § 53a-103 and also of larceny in the first degree in violation of General Statutes § 53a-122. On appeal he claims error (1) in the failure of the court to render a judgment of acquittal for insufficient evidence and (2) in the admission of evidence of his par[186]*186ticipation in similar offenses occurring about three weeks after the crimes presently before us. We find no error.

I

With respect to the claim of insufficient evidence, it is clear that the jury could reasonably have found the following facts from the testimony presented at the trial:

On June 1, 1981, at about 3 a.m., a burglar alarm at Shaw’s jewelry store, located in a shopping center in Milford, was activated, and some Milford police officers responded. Upon arriving at the store they discovered that one of the glass panes in the front door had been broken inward, allowing entry. Four glass display counters located near the front of the store had been smashed, and items had been removed therefrom. A pane of glass in one door of a wall unit display case behind the counters had also been smashed. The pane of glass in the other door of the cabinet was intact, however, and a set of fingerprints was observed on the outside surface of the glass at the edge of this door. Some additional prints were discovered on a circular display case.

A piece of lumber, three to four feet in length, was found on the floor in front of the display counters. A cinderblock, which had apparently been used to break the glass in the door, was also found. Empty watch boxes were scattered on top of the display counters. Several watches and holders designed to exhibit watches in a display case were found by the police near a path leading from the rear of the shopping center to the parking lot of a church.

Ninety-one watches costing the jewelry store approximately $6000 were found to have been taken in the theft. The store had last been open on May 30, a Satur[187]*187day, the break-in having occurred in the early morning hours of June 1, a Monday. The store owner testified that the glass display cases had been cleaned after 3:30 p.m. on Saturday, May 30, by store employees.

The Milford police were able to lift four fingerprints from the unbroken pane of glass in the door of the wall display cabinet. Only the prints of the right little finger and ring finger were sufficiently clear, however, to be used for identification purposes. These prints were subsequently found to match some known fingerprints of the defendant. Some other prints found at the scene proved not to be those of the defendant.

In his argument that the evidence of his guilt was insufficient, the defendant’s principal contention is that the testimony of Sergeant Stephen Ambrisco, upon whom the state relied as an expert witness on the subject of fingerprint identification, was inadequate to support a reasonable inference that the fingerprints found on the glass of the wall display cabinet door were those of the defendant. He does not contend that, if the prints were his, they were found under such circumstances that they may have been impressed at some time other than when the crimes were committed. See State v. Payne, 186 Conn. 179, 182, 440 A.2d 280 (1982); State v. Mayell, 163 Conn. 419, 426, 311 A.2d 60 (1972). The testimony that shortly before the store closed the display cabinets were cleaned with a solution that would remove fingerprints and that the store was inaccessible from that time until the occurrence of the crimes was sufficient to establish the defendant’s participation in the crimes, if his were the prints identified.

After describing the procedures used in obtaining and analyzing the prints found on the wall display cabinet door, Ambrisco, using photographic enlargements of these prints and some known prints of the corresponding fingers of the defendant, testified that he found [188]*188he found twelve “points of comparison” in respect to the right little finger and nineteen in respect to the right ring finger. He explained that a “point of comparison” was a similarity between the two prints. These similarities were illustrated by red lines and numbers drawn on the photographic enlargements, which were exhibits in evidence. He also testified that in fingerprint analysis twelve such points of comparison are normally the standard minimum for reaching a conclusion as to whether fingerprints can be identified as coming from a particular person.

On the day after the completion of his testimony, Ambrisco was recalled to the witness stand by the state over the objection of the defendant. The transcript of this testimony is as follows:

“Q. Sergeant, I omitted to ask you a question yesterday, which I’m going to ask you at this point. Namely, as a result of the comparisons and analysis you’ve made, as to the known fingerprints of Fred Crosby versus the latent fingerprints you found on the sliding glass wall display at the Shaw’s Jewelers.

“Did you reach a conclusion as to whether or not the prints that you found that you identified them as the right little finger and right ring finger of the latent prints on the glass display case were in fact those of Fred Crosby?

“A. Yes, sir.”

On this occasion the witness also testified that some palm prints found on other display cases did not match those of the defendant.

We agree with the defendant that the testimony given by Ambrisco upon his recall to the stand added nothing to the strength of the state’s case, since the opinion which the officer said he had reached was never expressed. We disagree, however, with the claim that [189]*189the preceding fingerprint identification testimony was insufficient to support a reasonable inference that the fingerprints found at the scene were those of the defendant. According to that testimony, twelve “points of comparison” or similarities, as graphically illustrated upon the exhibits, were sufficient under the prevailing standard to support a conclusion that a fingerprint came from a particular person. There was evidence that this standard was met with respect to the right little finger of the defendant and exceeded with respect to his right ring finger. The jury could thus have reasonably concluded that the prints left on the wall display case door were those of the defendant. We therefore reject his claim of insufficient evidence.

II

The remaining claim of error is the admission of evidence that the defendant, three weeks after the burglary of Shaw’s jewelry store in Milford, committed a similar crime at a jewelry store in Norwalk, approximately twenty-five miles distant. On June 21,1981, a Monday, at about 2 a.m., a burglar alarm at Sheaff’s jewelers in Norwalk was activated. When the police arrived they discovered one pane of glass in the front door broken and a rock lying inside on the floor of the store. Glass display cases inside the store were broken, and items were missing from them. Watches were found on the floor, and a watch case was found on the sidewalk outside the store. The only items removed from the store were watches.

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Bluebook (online)
491 A.2d 1092, 196 Conn. 185, 1985 Conn. LEXIS 765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-crosby-conn-1985.