State v. Rucki

842 A.2d 290, 367 N.J. Super. 200
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 1, 2004
StatusPublished
Cited by7 cases

This text of 842 A.2d 290 (State v. Rucki) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rucki, 842 A.2d 290, 367 N.J. Super. 200 (N.J. Ct. App. 2004).

Opinion

842 A.2d 290 (2004)
367 N.J. Super. 200

STATE of New Jersey, Plaintiff-Respondent,
v.
Justin RUCKI, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Submitted October 8, 2003.
Decided March 1, 2004.

*291 Yvonne Smith Segars, Public Defender, attorney for appellant (Laura Lorenzo Milcsik, Designated Counsel, on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Jeanne Screen, Deputy Attorney General, of counsel and on the brief).

Before Judges SKILLMAN, COBURN and FISHER.

The opinion of the court was delivered by SKILLMAN, P.J.A.D.

*292 At defendant's robbery trial, the trial court ruled that defendant "opened the door" to admission of evidence of his alleged accomplice's guilty plea by testifying that neither he nor the accomplice robbed the alleged victims. We conclude that the guilty plea of the alleged accomplice, who did not testify at defendant's trial, was inadmissible hearsay, and that defendant did not open the door to admission of this evidence by testifying that neither he nor the alleged accomplice committed a robbery. Consequently, we reverse defendant's conviction.

A jury found defendant guilty of two counts of second-degree robbery, in violation of N.J.S.A. 2C:15-1. The trial court sentenced defendant to concurrent indeterminate terms at the Youth Correctional Facility.

Defendant's convictions were based on an incident in which, if the alleged victims' version is credited, defendant and his confederate James Kosch committed a robbery upon Efrain Garcia and Uriel Vasquez, or if defendant's version is credited, Garcia and Vasquez assaulted and attempted to rob defendant and Kosch. Garcia, Vasquez and defendant testified at defendant's trial. Kosch did not testify.

According to Garcia and Vasquez, they first encountered defendant and Kosch around midnight on September 11, 2000, in a Dunkin' Donuts in Point Pleasant. Defendant and Kosch asked them the time, and Vasquez responded that they did not have a watch. After buying drinks, Garcia and Vasquez left the Dunkin' Donuts and began riding home on their bicycles. Defendant and Kosch followed, also riding bicycles. When they arrived at the Point Pleasant Bridge, defendant and Kosch cut-off Vasquez and defendant began hitting him on the head. They asked Vasquez whether he had money, and he said no. At this point, Garcia, who had been riding ahead of Vasquez, turned around and went back to help him. As he approached, one of the assailants said: "We want money. That's what we want." Defendant then punched Garcia in the face. Garcia began to run away, but defendant and Kosch caught him, threw him to the ground, started kicking him in the head and back, and grabbed his knapsack. Vasquez removed his bicycle chain from his bicycle, ran to where defendant and Kosch were assaulting Garcia and began swinging the chain. Defendant and Kosch got back on their bicycles and rode away, taking Garcia's knapsack with them.

Testifying in his own defense, defendant presented a starkly different version of the incident. According to defendant, as he and Kosch were approaching the Point Pleasant Bridge on their bicycles, Garcia and Vasquez drove up next to him on their bicycles, and asked whether he had the time. Defendant responded that he did not have a watch. Garcia and Vasquez then knocked him off his bicycle, jumped on his back, got him down onto the ground, and tried to pull his wallet out of his back pocket. Kosch ran over to assist him and punched one of his assailants in the face. Defendant punched the other one and managed to get both of them off of him. Defendant heard Kosch say, "One of them has a chain," and then observed Vasquez swinging a chain. At this point, defendant and Kosch were able to get back on their bicycles and escape.

The issue of admissibility of evidence of Kosch's guilty plea arose during defendant's cross-examination, when the prosecutor asked whether he was aware of the disposition of the charges against Kosch. Defense counsel objected to this question, but the trial court overruled the objection on the ground that defense counsel had opened the door to evidence of Kosch's *293 guilty plea by asking defendant on direct whether Kosch had robbed the alleged victims.

The prosecutor then elicited the following testimony from defendant:

Q. Are you aware of the outcome of [Kosch's] case?

A. Yeah. His case got dropped down to an assault. And he pled guilty to it `cause he did assault them. He did hit them.

Q. Which is exactly what you did, isn't it?

A. No, I did not assault them. I was protecting myself. I mean, they jumped on my back.
Q. Wasn't it your testimony that all he did was defend you?
A. Yeah. In my eyes, he defended me. I don't know what he—what exactly happened with him.
Q. Well, you were there at the scene with him, weren't you?
A. Yeah, yeah. I seen him hit them.
Q. So you saw him assault those two boys?
A. Did I see him assault these two boys? No. All's I seen was, when I got up, that I hit the one guy and he was still trying to grab me, so I kneed him in the face to get him off me, and I just left. He told me later on that he hit them.
Q. And your conduct was the same conduct that James Kosch pled guilty to; wasn't it?

[Defense counsel]: Objection.

A. No, sir. No, sir.

THE COURT: Sustained. Wait, wait. There's no question pending.

[Prosecutor]: Judge, thank you. I have no further questions.

Defendant subsequently moved for a mistrial on the ground that the trial court had erred in allowing the State to present evidence of Kosch's guilty plea. The trial court denied the motion, reiterating its view that defendant had "opened the door" to admission of this evidence by testifying that neither he nor Kosch had attempted to rob the victims.

We have previously recognized that it is improper for a prosecutor to present evidence that a non-testifying co-defendant has pled guilty or been convicted of the same or related charges. In State v. Felton, 131 N.J.Super. 344, 330 A.2d 23 (App. Div.1974), certif. denied, 68 N.J. 140, 343 A.2d 428 (1975), the defendant was charged along with an alleged accomplice named Williams of committing a robbery upon a man named Melvin. As in this case, defendant took the stand and presented an exculpatory version of the incident—that Melvin owed him $10, that he and Melvin, both of whom were drunk, got into a fistfight regarding the unpaid debt, which Williams broke up, following which Melvin repaid the $10. On cross-examination, the prosecutor asked the defendant: "Are you aware that [Williams] was brought to trial and brought to justice earlier this year in August?" Although the trial court sustained defendant's objection to this question, it did not give the jury a curative instruction, and the prosecutor proceeded throughout the remainder of the trial to make repeated references to the fact that Williams had been indicted for the robbery and, inferentially, that he had been found guilty. In concluding that the prosecutor's questions and comments deprived defendant of a fair trial, we stated:

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Cite This Page — Counsel Stack

Bluebook (online)
842 A.2d 290, 367 N.J. Super. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rucki-njsuperctappdiv-2004.