State v. Moore

713 A.2d 859, 49 Conn. App. 13, 1998 Conn. App. LEXIS 256
CourtConnecticut Appellate Court
DecidedJune 9, 1998
DocketAC 16219
StatusPublished
Cited by14 cases

This text of 713 A.2d 859 (State v. Moore) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Moore, 713 A.2d 859, 49 Conn. App. 13, 1998 Conn. App. LEXIS 256 (Colo. Ct. App. 1998).

Opinion

Opinion

HEALEY, J.

The defendant, Tyshon Moore, appeals from the judgment of conviction, rendered after a jury trial, of possession of a narcotic substance with intent to sell in violation of General Statutes § 21a-277 (a).1 We affirm that judgment and the judgments of violation of probation.

[15]*15On appeal, the defendant claims that his right to a fair trial was prejudiced because (1) the trial court abused its discretion when it permitted the state to cross-examine the defendant’s mother concerning prior arrests of the defendant, and (2) the state’s remarks in closing arguments were improper.

The jury reasonably could have found the following facts. On May 4, 1994, at approximately 8 p.m., two officers, Peter Carusone and Andrew Muro, assigned to the drug interdiction unit of the New Haven police department, drove their marked police cruiser to the comer of Shelton Avenue and Ivy Street in New Haven. That intersection is known as a high narcotics sales area. As their vehicle came to a stop at the intersection, they both observed what they believed to be a hand-to-hand narcotics transaction between an unknown male and an unknown female on the sidewalk approximately ten to fifteen feet away. The male, later identified as the defendant, was holding a plastic sandwich bag in his light hand and reaching into the bag with his left hand, while the female was standing next to him with money in her hand. The plastic bag contained a number of smaller packages of white powder. Before an actual exchange took place, the defendant turned, saw the police and ran away.

As the defendant crossed the street and ran, both Carusone and Muro observed the defendant stuff the plastic bag up the sleeve of his jacket. Carusone pursued the defendant on foot while Muro followed in the police cruiser. Approximately two blocks away, the defendant was cornered inside a fenced parking lot and Carusone arrested him.

Carusone searched the defendant and found, in the left sleeve of his jacket, a plastic bag containing twenty-four small glassine bags of white powder that subsequently tested positive for the presence of cocaine.2 [16]*16Carusone also found $15 in the pocket of the defendant’s pants.

At the trial, the defense adduced evidence not only concerning the circumstances of the defendant’s arrest but also of whether he was drug-dependent at that time. The defendant called his mother, Donna Bennett, as a witness and also testified in his own behalf. This appeal followed the verdict of guilty.

I

We first address the issue directed to the state’s cross-examination of Bennett. To put this claim in the proper context, additional facts must be set out. On direct examination, defense counsel asked Bennett the following:

“Q. Did [the defendant] ever speak to you about being involved with drugs?
“A. Yes.
“Q. Did you draw any conclusions from your discussions with him?
“A. Yes, I did.
“Q. What did you arrive at?
“A. That he—he had a serious drug problem and that he needed help.
“Q. For this period that you lived at Brewster Street, did the—did the drug problem occur in intervals?
“A. Yes.
“Q. Could you describe how that happened?
“A. Well, [the defendant] had been arrested several times, for what I believe to be as the result of him [17]*17using drugs, and—and, then, just getting wild and just doing things that he had no business or being places he had no business. And—but, when he would go, like to jail, and, then, he would come back home, all the time he was in jail, he was like, well, I haven’t done any drugs, and I’m not going to do any, I want to go to school, I want to do this and that. And when he came home, for a while, it would, you know, be good, and we’d look into different things that he could possibly do. He could work with my husband, who’s self-employed, some days, and, then, you know, then we could see the pattern starting all over again. Like, you know, he would supposed to be working with my husband, and not show up, or he’d come and not have any energy, he’d be tired, things of that nature.” (Emphasis added.)

During the cross-examination of Bennett, the state inquired as follows:

“Q. And was he—when did his problem start, his— his problems with the law and things of that nature?
“A. Maybe about fifteen or sixteen.
“Q. Fifteen or sixteen. And you said he had been arrested on other things before?
“A. That’s correct.
“Q. And how many times was that?
“A. I don’t know.
“Q. And you don’t remember what?
“A. Various things.
“Q. Such as?”

At that point, the defendant objected and the jury was excused. In asking the court to bar this line of questioning, the defendant argued that permitting it would be unduly prejudicial. In response, the state [18]*18argued that the defendant had “opened the door” on Bennett’s direct examination and that it ought to be permitted to proceed with this line of questioning. The trial court agreed with the state saying, “I do believe the door’s been open to it.” In doing so, the trial court also indicated, “The jury has already heard through this witness’ voluntary testimony, that the defendant has been arrested several times, as a result of using drugs, so that these arrests, in fact, have been linked to the alleged claim of drug dependence. . . . Therefore, the issue of drug dependence has been raised in connection with his behavior. . . . It’s the essential issue with respect to the charges in the second count of the information in this case, whether or not he was drug-dependent at the time of this offense.” In ruling that the state could cross-examine Bennett with respect to the subject of her direct examination, the trial court said that it would caution the jury then and later that the testimony elicited from Bennett was to be used for impeachment purposes only and was not evidence of the defendant’s bad character and was not to be used as evidence in assessing his guilt or innocence. Upon the jury’s return to the courtroom, the trial court instructed them to that effect.3 The state continued its cross-examination and Bennett admitted that she believed that the defendant had been arrested “for . . . possession or something . . . [but she was] not really sure of all the charges.” When asked further about crimes for which the defendant was arrested she said, “Possession, [that’s] all I [19]*19know.” When asked if that was possession of narcotics, she replied, “That . . . that’s the only possession—I assume that’s what it was.” She also acknowledged that since the defendant had become an adult,4 there were one or two periods of about one month each during which she had not seen the defendant because he was either in jail or with friends.

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

Related

State v. Alvarez
897 A.2d 669 (Connecticut Appellate Court, 2006)
State v. Iannazzi
791 A.2d 677 (Connecticut Appellate Court, 2002)
State v. Conde
787 A.2d 571 (Connecticut Appellate Court, 2001)
State v. Jefferson
786 A.2d 1189 (Connecticut Appellate Court, 2001)
State v. Clark
774 A.2d 183 (Connecticut Appellate Court, 2001)
State v. Green
774 A.2d 157 (Connecticut Appellate Court, 2001)
State v. Rivera
765 A.2d 1240 (Connecticut Appellate Court, 2001)
State v. Meikle
761 A.2d 247 (Connecticut Appellate Court, 2000)
State v. Jenkins
743 A.2d 660 (Connecticut Appellate Court, 2000)
State v. Stevenson
733 A.2d 253 (Connecticut Appellate Court, 1999)
State v. Greene
727 A.2d 765 (Connecticut Appellate Court, 1999)
Jenkins v. Commissioner of Correction
726 A.2d 657 (Connecticut Appellate Court, 1999)
State v. Middlebrook
725 A.2d 351 (Connecticut Appellate Court, 1999)
State v. Chasse
721 A.2d 1212 (Connecticut Appellate Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
713 A.2d 859, 49 Conn. App. 13, 1998 Conn. App. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moore-connappct-1998.