The People v. Julio Negron

43 N.E.3d 362, 26 N.Y.3d 262, 22 N.Y.S.3d 152
CourtNew York Court of Appeals
DecidedNovember 23, 2015
Docket174
StatusPublished
Cited by14 cases

This text of 43 N.E.3d 362 (The People v. Julio Negron) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The People v. Julio Negron, 43 N.E.3d 362, 26 N.Y.3d 262, 22 N.Y.S.3d 152 (N.Y. 2015).

Opinions

OPINION OF THE COURT

Chief Judge Lippman.

Defendant has moved to vacate his conviction under CPL 440.10, based upon claims that he received ineffective assistance of counsel at trial and that the People failed to disclose evidence that would have supported a third-party culpability defense. We conclude that defendant’s conviction should be vacated and a new trial ordered.

Defendant was identified as the man who shot another individual in the leg after a brief argument on Woodward Avenue in Queens, but the identification evidence was hardly overwhelming. The episode occurred at about 4:00 a.m. on February 6, 2005 after an apparent “road rage” incident. In addition to the victim and his passenger, there were three other witnesses who were sitting in a parked car on the street — all of whom left the scene immediately after the shooting. The witnesses returned to the scene shortly thereafter to speak with police and related that the shooter had entered a particular apartment building located on Woodward Avenue. One witness [265]*265described defendant as having facial hair. They also identified a 1999 Chevrolet Monte Carlo as having been driven by the perpetrator. The hood of the Monte Carlo was still warm to the touch when the police arrived. The police ascertained that the vehicle belonged to defendant, who resided in the apartment building to which the perpetrator had retreated.

Later that morning, defendant told detectives that he had driven his car the previous evening, that he was the only one who drove it and that he had returned home at about 2:00 a.m. He agreed to accompany the police to the precinct and consented to searches of his apartment and his vehicle. No evidence was found that linked him to the shooting.

None of the witnesses, save the victim, was able to identify defendant as the perpetrator.1 Indeed, two of the witnesses identified fillers from the lineups they viewed — one selecting an individual with facial hair — and a third witness, who viewed defendant at a precinct showup, stated that defendant was not the shooter.

Prior to the close of the People’s case, defense counsel sought to introduce evidence that a third party, Fernando Caban, had committed the shooting. Defense counsel represented that Ca-ban closely matched the description of defendant, lived in the same building and was arrested the day after the incident for weapons possession. The People objected, disputing that there was any close resemblance between the two other than a shared ethnicity, and maintaining that it was irrevelant that Caban had been arrested the next day for possession of weapons which had not been used to commit this offense and which had been found on the roof of an adjacent building. The court rejected defendant’s application, stating “[t]he case law is clear. You have to show a clear link between this person and the crime in question. You haven’t shown that.” No party objected to the court’s use of the “clear link” standard.

Defendant testified in his own defense and stated that he had been clean-shaven at the time of the offense. The People then introduced defendant’s driver’s license photograph, which depicted him with a moustache and a goatee. However, defendant testified (without rebuttal) that the photograph had been taken eight years earlier.

[266]*266Defendant was convicted of attempted murder in the second degree, assault in the first degree, reckless endangerment in the first degree and criminal possession of a weapon in the second and third degrees. His conviction was affirmed on direct appeal (41 AD3d 865 [2d Dept 2007]) and a Judge of this Court denied his application for leave to appeal (9 NY3d 924 [2007]).

In December 2008, defendant made a pro se motion to vacate his judgment of conviction pursuant to CPL 440.10. In support of the motion, he raised several arguments, including that the prosecution had committed a violation of its obligations under Brady v Maryland (373 US 83 [1963]) by failing to disclose “that another man, Caban, was arrested in the building where all the witnesses say the perpetrator ran, with the weapon used in the shooting,” and that he had received ineffective assistance of counsel because his trial attorney failed to call or interview certain witnesses who would have testified that defendant did not have facial hair at the time of the offense. Defendant included letters from 11 witnesses stating that defendant had been clean-shaven.

Supreme Court denied the motion without a hearing. The court deemed defendant’s ineffective assistance claim merit-less, stating that defendant had failed to demonstrate prejudice. In addition, the court rejected defendant’s Brady claim, observing that there had been an on-the-record discussion relating to Caban at defendant’s trial. Defendant moved multiple times pursuant to CPLR 2221 for reargument and renewal, but the court never rendered a decision on the motions.

Defendant then received a response to a prior Freedom of Information Law request which included an affirmation in opposition to Caban’s motion to dismiss his indictment, from the same trial assistant who had prosecuted defendant’s case. The document provided additional information about the circumstances of Caban’s arrest, including that Caban’s attempt to discard the weapons on the roof of a neighboring building had coincided with the arrival of the police to execute the search warrant on defendant’s apartment and that Caban had been in possession of .45 caliber ammunition.2

Defendant, now represented by counsel, made the instant motion pursuant to CPL 440.10 and CPLR 2221 to vacate his [267]*267conviction in April 2012.3 He argued that the People had violated their Brady obligations by failing to disclose the information about the circumstances of Caban’s arrest and his possession of the .45 caliber ammunition, while actively misleading the court as to the potential merit of defendant’s third-party culpability defense. Defendant also argued that his trial counsel had been ineffective for failing to make even minimal investigation into the facts or law in support of the third-party culpability defense and for failing to investigate and introduce evidence that defendant did not match the description of the shooter. In particular, defendant asserted that counsel was ineffective in failing to object to the court’s use of the previously overruled “clear link” standard in rejecting his third-party culpability defense.

In support of the motion, defendant submitted an affidavit from his trial counsel who stated that, at the time of trial, he had known that Caban had been arrested and charged with possession of weapons and ammunition that had been found on the roof of a nearby building. Trial counsel represented, however, that he had not known that Caban had attempted to get rid of the contraband in response to the police arriving to execute the search warrant or that Caban had been in possession of .45 caliber ammunition. Counsel further affirmed that he did not object to the court’s use of the “clear link” standard in rejecting the third-party culpability defense because he was unaware that the standard had been overruled several years earlier — stating, “I did not research this issue at all.

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Cite This Page — Counsel Stack

Bluebook (online)
43 N.E.3d 362, 26 N.Y.3d 262, 22 N.Y.S.3d 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-people-v-julio-negron-ny-2015.