People v. Brown
152 A.D.3d 1209
| N.Y. App. Div. | 2017Background
- Defendant Virgil R. Brown was convicted by a jury in Erie County Court of predatory sexual assault against a child (Penal Law § 130.96).
- At trial defendant repeatedly refused to be produced from the jail to the courtroom and declined to attend, calling the trial "illegal."
- Prior to trial defendant signed written Parker warnings informing him of his right to be present and that the trial could proceed in his absence.
- At a suppression hearing defendant sought to suppress statements made at arrest and DNA results obtained from a sample taken pursuant to a court order about eight months after arrest.
- The People introduced limited custodial statement evidence (defendant’s date of birth) and DNA evidence developed after a court-ordered sample; corroborating proof of date of birth (sister’s testimony and birth certificate) was also admitted.
- Defense counsel argued suppression motions and raised other challenges at trial; at sentencing counsel made remarks the Court found adverse to defendant, prompting resentencing relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of waiver of right to be present | Waiver was valid because defendant signed Parker warnings and was informed trial could proceed without him | Waiver invalid because defendant did not knowingly waive right to be present | Waiver valid; defendant knowingly waived by written warnings and explicit refusal to attend; court not required to produce him daily |
| Sufficiency / weight of evidence | Evidence (including DNA and other proof) supports conviction | Evidence insufficient and verdict against weight | Conviction supported by legally sufficient evidence and not against weight of the evidence |
| Suppression of custodial statements and DNA | Statements and DNA admissible (DNA from court-ordered sample; statement duplicative) | Statements and DNA should be suppressed as fruit of unlawful arrest | Custodial statement error (date of birth) harmless due to duplicative proof; DNA admissible because obtained via intervening court order that attenuated any taint |
| Ineffective assistance of counsel | Counsel zealously litigated suppression and other motions; Dunaway motion would have been futile | Counsel ineffective at suppression hearing and for failing to seek Dunaway hearing; counsel adverse at sentencing | No ineffective assistance for suppression or failing to seek Dunaway (motions would be futile); ineffective assistance found at sentencing because counsel became a witness/adopted an adverse position—sentence vacated and remitted for new counsel and resentencing |
Key Cases Cited
- People v. Epps, 37 N.Y.2d 343 (right to be present is waivable)
- People v. Parker, 57 N.Y.2d 136 (requirement and content of waiver of right to be present)
- People v. Contes, 60 N.Y.2d 620 (standard for reviewing legal sufficiency)
- People v. Bleakley, 69 N.Y.2d 490 (weight of the evidence standard)
- People v. Danielson, 9 N.Y.3d 342 (evaluating verdict against charged elements)
- Wong Sun v. United States, 371 U.S. 471 (attenuation doctrine for taint of unlawful police conduct)
- Johnson v. Louisiana, 406 U.S. 356 (precedent regarding admissibility and attenuation principles)
- People v. Caccavale, 305 A.D.2d 695 (counsel becoming adverse witness can require resentencing)