State v. White

779 A.2d 776, 64 Conn. App. 126, 2001 Conn. App. LEXIS 326
CourtConnecticut Appellate Court
DecidedJuly 3, 2001
DocketAC 19326
StatusPublished
Cited by7 cases

This text of 779 A.2d 776 (State v. White) 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. White, 779 A.2d 776, 64 Conn. App. 126, 2001 Conn. App. LEXIS 326 (Colo. Ct. App. 2001).

Opinion

Opinion

DRANGINIS, J.

The defendant, Kelwood White, appeals from the judgment of conviction, rendered after a jury trial, of six counts of sale of narcotics by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b)1 and three counts of sale of narcotics within 1500 feet of a school or public housing project in violation of General Statutes § 21a-278a (b).2 The defendant claims that (1) the trial court improperly limited his cross-examination of a state’s witness and [128]*128(2) there was insufficient evidence to support the conviction of sale of narcotics within 1500 feet of a school. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. From December, 1995, to June, 1996, Detective Richard Batts of the Middletown police department worked in the street crimes unit and investigated illegal drug sales. Batts testified that while working undercover, he had purchased narcotics from the defendant on six separate occasions. On three of the six occasions, the sales took place within 1500 feet of a school or public housing project. On February 8, 1996, two separate sales occurred at different times in the State Terrace parking lot in the Long River Village housing project. On April 11, 1996, a sale occurred on Rogers Road.3

On May 4, 1996, after the defendant told Batts that he would have to use an intermediary to purchase drugs in the future, the defendant was arrested on a warrant. The defendant was charged in a substitute information with six counts of sale of narcotics by a person who is not drug-dependent and three counts of sale of narcotics within 1500 feet of a school or public housing project. At the conclusion of evidence, the jury found the defendant guilty on all nine counts, and the court sentenced him to a total effective sentence of sixteen years. This appeal followed. Additional facts and procedural history will be provided as necessary.

I

The defendant first claims that the court improperly restricted his cross-examination of Sergeant Frank Vio[129]*129lissi of the Middletown police department concerning his bias against the defendant. We disagree. The trial court has wide discretion to determine the relevancy of evidence. State v. Fritz, 204 Conn. 156, 167, 527 A.2d 1157 (1987). “This discretion arises, however, only after the defendant has been permitted cross-examination and impeachment of a witness sufficient to satisfy the sixth amendment.” State v. Colton, 227 Conn. 231, 248, 630 A.2d 577 (1993), on appeal after remand, 234 Conn. 683, 663 A.2d 339 (1995), cert. denied, 516 U.S. 1140, 116 S. Ct. 972, 133 L. Ed. 2d 892 (1996). “[A]n important function of cross-examination is the exposure of a witness’ motivation in testifying.” (Internal quotation marks omitted.) Id., 249, citing Greene v. McElroy, 360 U.S. 474, 496, 79 S. Ct. 1400, 3 L. Ed. 2d 1377 (1959). “Cross-examination to elicit facts tending to show motive, interest, bias and prejudice is a matter of right and may not be unduly restricted.” (Internal quotation marks omitted.) State v. Gould, 241 Conn. 1, 16, 695 A.2d 1022 (1997).

“Although the outright denial of a defendant’s opportunity to impeach a witness for motive, bias and interest implicates the constitutional protection of the confrontation clause, such a denial is subject to harmless error analysis.” State v. Colton, supra, 227 Conn. 253, citing United States v. Anderson, 881 F.2d 1128, 1139 (D.C. Cir. 1989); State v. Santiago, 224 Conn. 325, 332, 618 A.2d 32 (1992). “Whether such error is harmless in a particular case depends upon a number of factors, such as the importance of the witness’ testimony in the prosecution’s case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution’s case.” (Internal quotation marks omitted.) State v. Colton, supra, 254.

[130]*130On appeal, the defendant claims that Violissi was a key witness for the state who may have had a bias against the defendant and that the court improperly restricted inquiry into this potential bias. We disagree. At trial, Violissi testified for the state because he was Batts’ supervisor in the street crimes unit. On cross-examination, Violissi stated that he did not direct Batts to make a narcotics purchase from the defendant and did not know the defendant before the time of the purchase. The defendant then asked Violissi: “I don’t say this to embarrass, but isn’t it true that your daughter became involved,” at which point the state objected. The jury was excused. The court stated that it could not yet rule on the objection because it did not know the full extent of the question to be asked.

The defendant then stated, “The offer is that, perhaps, Sergeant Violissi targeted drug dealers who were black because, unfortunately, his daughter became involved with the drug-dealing element and he resented that at Long River Village.” The court stated: “I don’t know . . . I’m having some — some difficulty in — in following your theory of this. . . . [I]f your claim is that — that either Mr. Violissi or — or some or all of the police in Middletown were — were targeting specific racial or ethnic groups, you know, I — I think that would be — I guess that would be your claim, I’m not sure that’s ... a defense, as such. . . . I’m not sure I’m inclined to let it in. ... I did allow you to raise the issue when— when Officer Batts testified as to . . . bias and so forth, but . . . I’m not going to allow that question. I think [the states attorney’s] objection is well placed. You may have an exception.”

In the present case, the court did not improperly restrict the defendant’s cross-examination of Violissi. The importance of Violissi’s testimony to the prosecution’s case was minimal. Batts was the officer who actually purchased narcotics from the defendant and he was the prosecution’s main witness. Violissi’s testimony [131]*131was cumulative and corroborative of the testimony of Batts.

Furthermore, the record also reveals no evidence that raises a reasonable inference that Violissi’s daughter became involved in purchasing drugs from an African-American male drug dealer or that because of this alleged activity by his daughter, Violissi became prejudiced against drug dealers in that particular housing complex, and, further, that this alleged bias would cause him to testily falsely against the defendant. Moreover, the defendant did not make any representation to the court that is contained in the record explaining the basis of his knowledge regarding Yiolissi’s daughter’s alleged involvement with drugs.

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Cite This Page — Counsel Stack

Bluebook (online)
779 A.2d 776, 64 Conn. App. 126, 2001 Conn. App. LEXIS 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-connappct-2001.