People v. Jordan
154 A.D.3d 1176
| N.Y. App. Div. | 2017Background
- In January 2013 a confidential informant (CI) made two controlled buys of cocaine from Jerome Jordan (Jan. 3 and Jan. 8).
- Police executed a search warrant for Jordan’s residence on Jan. 16, 2013, and seized cocaine and weapons; County Court later found the warrant lacked probable cause and suppressed the seized evidence.
- A 20-count indictment originally charged crimes based on the two buys and the search; counts tied to the search were dismissed after suppression.
- Jordan was tried on the remaining counts (sales and possession related to the two buys), convicted of multiple drug counts, and sentenced as a second felony offender to an aggregate term of six years plus three years postrelease supervision.
- On appeal Jordan challenged (1) the lack of a Franks/Alfinito hearing, (2) dismissal of search-related counts requiring dismissal of buy-related counts, (3) an alleged Brady violation for late disclosure of CI impeachment material, and (4) chain-of-custody/authentication of the buy evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was entitled to a Franks/Alfinito hearing to test warrant averments | People: warrant invalidated — hearing moot | Jordan: trial court should have held hearing to test warrant affidavit | Moot — suppression of search evidence rendered requested Franks/Alfinito hearing unnecessary |
| Whether dismissal of counts based on the invalid warrant required dismissal of counts arising from the two controlled buys | People: buys occurred before warrant; evidence independent and admissible | Jordan: invalid warrant tainted the case and required broader dismissal | Rejected — exclusionary rule excludes only evidence that is fruit of the poisonous tree; buys were independently obtained before the illegal search and therefore admissible |
| Whether delayed disclosure of CI impeachment material violated Brady and prejudiced defendant | People: late disclosure but defense had meaningful opportunity to use material at trial | Jordan: late disclosure deprived him of fair trial | Unpreserved, and in any event without merit — defense received materials on eve of trial and used them in opening/cross-examination, so no prejudice |
| Whether the People failed to establish chain of custody for cocaine from the buys | People: CI and detectives provided detailed testimony on handling, observation, testing and custody | Jordan: CI admitted he skimmed some cocaine; this undermines identity/condition | Rejected — testimony provided reasonable assurances of identity/unchanged condition; any defects go to weight not admissibility |
Key Cases Cited
- People v Arnau, 58 N.Y.2d 27 (1982) (exclusionary rule excludes only evidence that is the fruit of unlawful police conduct)
- Wong Sun v. United States, 371 U.S. 471 (1963) (fruit of the poisonous tree doctrine)
- United States v. Crews, 445 U.S. 463 (1980) (illegal evidence does not retroactively taint information obtained before illegality)
- People v. Ennis, 11 N.Y.3d 403 (2008) (preservation rules for appellate review of disclosure claims)
- People v. Osborne, 91 N.Y.2d 827 (1998) (timely use of Brady material and opportunity to use at trial relevant to prejudice analysis)
- People v. Carter, 131 A.D.3d 717 (2015) (late disclosure may not prejudice defendant where meaningful use at trial is possible)
- People v. Julian, 41 N.Y.2d 340 (1977) (post-seizure alteration by a CI does not necessarily render drug evidence inadmissible)
- People v. Hawkins, 11 N.Y.3d 484 (2008) (chain-of-custody defects affect weight not admissibility)