State v. Payne

591 A.2d 1246, 219 Conn. 93, 1991 Conn. LEXIS 269
Supreme Court of Connecticut·Decided May 21, 1991·No. 13998·Published·Cited by 62 cases

Opinions

Santaniello, J.

The defendant appeals from the judgment of conviction of the crimes of burglary in the third degree with a firearm in violation of General Statutes § 53a-103a (a),1 robbery in the first degree in violation of General Statutes § 53a-134 (a) (4),2 larceny in the first degree in violation of General Statutes § 53a-122 (a) (2),3 and kidnapping in the first degree in [96] violation of General Statutes § 53a-92 (a) (2) (B).4 The defendant claims that the trial court improperly: (1) allowed the state, in its case-in-chief, to introduce evidence of the defendant’s commission of a subsequent crime in order to prove identity; (2) allowed one of the victims, Allyson Brownlow, to testify as to her pretrial identification of the defendant while he was being arraigned on unrelated charges; (3) prohibited the defendant from cross-examining Allyson Brownlow on the effect that her observation of photographs of the defendant, mailed to her by the defendant prior to trial, had on her in-court identification of the defendant; (4) excluded the testimony of Michelle Gary as to incriminating statements made to her by the defendant’s brother, Donald Payne; and (5) excluded evidence that a third party committed the crimes charged. We conclude that the trial court improperly allowed evidence of the defendant’s commission of a subsequent crime in order to prove identification, and that this improper admission constituted harmful error. As to the other issues, we affirm the trial court’s rulings. Accordingly, we reverse the conviction, and remand the case for a new trial.

The jury might reasonably have found the following facts. On November 20,1988, the victims, Allyson and James Brownlow, resided in a single family, three story house located at 683 Prospect Street in New Haven. At approximately 6 a.m., they were awakened by two black men with guns who had burst through their bedroom door and turned on the lights. The first man went to Mr. Brownlow’s side of the bed and pointed a gun [97] at him, while the second man, identified as the defendant, went to Mrs. Brownlow’s side of the bed and pointed a gun at her. The Brownlows were ordered to roll over onto their stomachs in bed. As she lay on her stomach, Mrs. Brownlow’s face was turned so that she could observe the defendant. The defendant kept his gun pointed at Mrs. Brownlow while he rifled through the dresser drawers on her side of the bed and removed various pieces of jewelry. During part of this time, the defendant was a foot to a foot and a half away from Mrs. Brownlow. During the entire time spent in the Brownlows’ bedroom, the defendant wore a fiberglass painter’s mask covering his mouth and the lower part of his nose. At one point, when the defendant’s partner became agitated because the Brownlows did not have enough cash in the house, Mrs. Brownlow sat up in bed, took off her engagement ring and handed it to the defendant to try to calm the partner. Mrs. Brown-low got a “very good look” at the defendant as she handed the ring to him, and then she lay on her side and continued to observe him. After ten to fifteen minutes had elapsed, the defendant and his partner left the victims’ second floor bedroom, went downstairs and left the house through the kitchen door. Mr. Brown-low phoned the police. After the police arrived, it was discovered that a locked kitchen window on the first floor had been forced open.

The jury found the defendant guilty of the crimes charged, and he was thereafter sentenced to a total effective term of twenty-five years imprisonment. The defendant appealed to this court pursuant to General Statutes § 51-199 (b) (3).5

[98] I

The defendant first claims that the trial court improperly permitted the state, in its case-in-chief, to introduce evidence of the defendant’s commission of a subsequent crime in order to prove identity. We agree that the admission of this evidence was both improper and harmful.

The rules governing the admissibility of evidence concerning the defendant’s commission of a subsequent unconnected crime are well established. Such evidence is inadmissible to prove the defendant’s bad character or propensity for criminal behavior. State v. Crosby, 196 Conn. 185, 190, 491 A.2d 1092 (1985); State v. Carsetti, 12 Conn. App. 375, 380, 530 A.2d 1095, cert. denied, 200 Conn. 809, 537 A.2d 77 (1987). “ ‘ “Evidence of other misconduct, however, ‘may be allowed for the purpose of proving many different things, such as intent, identity, malice, motive or a system of criminal activity’; State v. Ibraimov, [187 Conn. 348, 352, 446 A.2d 382 (1982)]; or an element of the crime. State v. Falby, 187 Conn. 6, 23, 444 A.2d 213 (1982).” State v. Braman, 191 Conn. 670, 675-76, 469 A.2d 760 (1983); State v. Ryan, 182 Conn. 335, 337, 438 A.2d 107 (1980).’ State v. O’Neill, 200 Conn. 268, 273, 511 A.2d 321 (1986).” State v. Sierra, 213 Conn. 422, 428-29, 568 A.2d 448 (1990). “To be admitted under one of these exceptions, the evidence must satisfy a two-pronged test: ‘ “First, the evidence must be relevant and material to at least one of the circumstances encompassed by the exceptions.” State v. Braman, [supra, 676]. Second, the probative value of the evidence must outweigh its prejudicial effect. Id.’ State v. Mandrell, 199 Conn. 146, 151, 506 A.2d 100 (1986).” State v. Sierra, supra, 429.

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State v. Payne, 591 A.2d 1246, 219 Conn. 93, 1991 Conn. LEXIS 269 (Colo. 1991).

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