State v. Vincenty

202 A.3d 1273, 237 N.J. 122
CourtSupreme Court of New Jersey
DecidedMarch 11, 2019
DocketA-40 September Term 2017; 079978
StatusPublished
Cited by55 cases

This text of 202 A.3d 1273 (State v. Vincenty) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Vincenty, 202 A.3d 1273, 237 N.J. 122 (N.J. 2019).

Opinion

JUSTICE FERNANDEZ-VINA delivered the opinion of the Court.

**125In State v. A.G.D., this Court held that "[t]he government's failure to inform a suspect that a criminal complaint or arrest warrant has been filed or issued deprives that person of information indispensable to a knowing and intelligent waiver of rights." 178 N.J. 56, 68, 835 A.2d 291 (2003). Defendant Adrian Vincenty **126argues that two detectives failed to inform him of the criminal charges filed against him when they interrogated him *1275and asked him to waive his right against self-incrimination. Relying on A.G.D., Vincenty filed a motion to suppress statements he made to the detectives.

The trial court denied his motion in part and granted it in part. The trial court held that the detectives did not violate A.G.D., but the court suppressed the statements Vincenty made to the detectives after he invoked his right to counsel. Vincenty pleaded guilty to first-degree attempted murder and was sentenced to ten years' imprisonment with an eighty-five percent parole disqualifier. Vincenty appealed the denial of his motion to suppress.

The Appellate Division affirmed the trial court's denial of Vincenty's motion to suppress. According to the Appellate Division, the record showed that Vincenty was informed of the charges pending against him before he waived his right against self-incrimination. Thus, the Appellate Division held, the detectives did not contravene A.G.D.

We disagree. The record reveals that the detectives failed to inform Vincenty of the charges filed against him when they read him his rights and asked him to waive his right against self-incrimination. That failure deprived Vincenty of the ability to knowingly and intelligently waive his right against self-incrimination. Pursuant to A.G.D., Vincenty's motion to suppress should have been granted. We thus reverse the Appellate Division's judgment and remand for further proceedings consistent with this opinion.

I.

A.

Adrian Vincenty was incarcerated at the Garden State Correctional Facility when Detectives Thomas Glackin and Brian Mera visited him to question him about the attempted robbery and attempted murder of Jerry Castellano. Castellano was attacked on **127March 20, 2011 in Weehawken. Video surveillance of the attack showed two men approach Castellano. The assailants attempted to rob Castellano but were unable to execute the robbery. One of the assailants shot Castellano in the back of the head. One of the assailants wore a mask and dropped or threw it away after the attack. Castellano ultimately survived the attack.

Police officers recovered the mask on the night in question. The mask was tested for DNA -- and Vincenty's DNA was found on it. The detectives also identified Vincenty from the video recording of the attack. The detectives sought to question Vincenty to identify the second assailant on the video recording.

Detective Glackin asked Detective Mera to accompany him to question Vincenty because Vincenty speaks only Spanish and Mera is fluent in Spanish. The detectives recorded the interview. Detective Mera spoke with Vincenty in Spanish.

Detective Mera read Vincenty his Miranda 1 rights -- and Vincenty was given and read a form detailing his rights. The form was written in both English and Spanish. At the bottom of the form, it read: "I acknowledge that I have been advised of the constitutional rights as stated above." Underneath this acknowledgment, Vincenty signed the form.

Detective Mera explained that the police identified Vincenty from the video recording of the attack and sought his assistance to identify the second assailant on the video recording. Detective Mera told Vincenty that "the judge already charged [him]." Detective Mera explained that they obtained Vincenty's DNA from the mask recovered at the scene of the attack. Detective Mera then explained "how DNA

*1276works" -- that each individual has distinct DNA -- and informed Vincenty that because Vincenty's DNA was discovered at the scene, the detectives "have the charges."

**128Vincenty indicated that he was confused and denied any involvement in the attack. Shortly thereafter, the following exchange occurred:

Detective Mera: We have you with the DNA and we have you ... with gun charges, right?
Vincenty: Ah huh.
Detective Mera: Okay.
Vincenty: Correct.

Vincenty nonetheless continued to deny any involvement in the robbery. Detective Mera then told Vincenty that they "presented the evidence to the judge," who "put the charges in." Vincenty still indicated that he was "surprise[d] that [the detectives] ha[d] ... evidence against [him]." Vincenty was then asked whether he knew the second man in the video:

Detective Mera: [W]e would like to know who you were with that night.
Vincenty: Ah, I don't know about him.
Detective Mera: Okay. You don't know him?
Vincenty: Do you understand me? I was walking, but I did not shoot any one [sic].

The detectives showed Vincenty a picture of the assailants. Vincenty told the detectives one of the assailants "looks like [him]" and that he has a coat similar to one worn by one of the assailants. Detective Mera explained that they had shown a judge all of the evidence because in order for them to speak with Vincenty, "[they] needed the charges." The detectives again attempted to elicit information about the other assailant:

Detective Mera: Who were you with that night?
Vincenty: That was a person from, but I don't know him very well like that. You understand?
Detective Mera: What's his name?
Vincenty: Honestly, I don't know. I met him thru [sic] another friend of mine. Do you understand me?

A few moments later, Detective Mera mentioned that they had charges against Vincenty. Vincenty then stated that he did not get a letter from a judge about the charges and asked the detectives what the charges were. The officers showed Vincenty a list of the charges and explained to Vincenty that he had been charged with attempted homicide, robbery, and conspiracy to commit robbery.

**129The detectives then asked Vincenty additional questions, attempting to elicit further information about the attack.

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202 A.3d 1273, 237 N.J. 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-vincenty-nj-2019.