134 A.D.3d 1048
N.Y. App. Div.2015Background
- Defendant Zaire Paige and codefendant allegedly located and shot victim Lethania Garcia in a Brooklyn hair salon on Oct. 27, 2008; Garcia died and multiple bystanders were wounded.
- An accomplice (who drove the getaway SUV) testified pursuant to a plea deal and provided the primary identification of Paige and Crawford as shooters; cellphone records and other evidence corroborated presence and aspects of the accomplice’s account.
- During trial the defendant was removed from the courtroom after a profanity‑filled outburst at a police witness; jurors later discussed police credibility and the court individually questioned jurors and dismissed two (plus replaced them with alternates).
- Jury convicted Paige of second‑degree murder, multiple counts of assault, and criminal possession of a weapon; court imposed maximum aggregate sentence.
- On appeal Paige challenged (inter alia) sufficiency of corroboration for accomplice testimony, his exclusion from the courtroom, dismissal of jurors, closure of the courtroom for a limited inquiry, admission of gang and prior‑bad‑act evidence, and certain evidentiary rulings.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Paige) | Held |
|---|---|---|---|
| Sufficiency/corroboration of accomplice testimony | Accomplice corroborated by eyewitness accounts, license‑plate→accomplice, cellphone/tower records, and third‑party statements linking motive | Convictions rested solely on uncorroborated accomplice testimony, violating CPL 60.22(1) | Affirmed: corroboration requirement satisfied; verdict not against weight of evidence |
| Right to be present / exclusion from courtroom | Removal was warranted by repeated disruptive conduct; defendant effectively waived right by misconduct | Permanent exclusion violated Sixth Amendment right to be present | Affirmed: waiver/inferable from conduct; exclusion and refusal to readmit were within court’s discretion |
| Dismissal of jurors 8 & 9 | Court conducted in‑camera inquiry, found juror 8 grossly unqualified (expressed deep hostility to police); juror 9 engaged in substantial misconduct and withheld info in voir dire | Dismissals were erroneous; jurors had assured they could be impartial | Affirmed: record supports findings—juror 8 biased; juror 9 withheld info and discussed case contrary to instructions (appellate challenge partly unpreserved) |
| Closure of courtroom for limited inquiry | Closure was consensual and limited; necessary to probe whether counsel opened the door | Closure violated public‑trial right | Affirmed: claim waived by defendant’s explicit consent; waiver valid |
| Admission of gang evidence and prior acts (handcuff key, earlier arrest guns) | Gang evidence relevant to motive, narrative, relationships; limited prior acts testimony admissible for context | Prior‑act evidence (handcuff key, recovered guns) was improper and prejudicial | Gang evidence admissible; errors admitting handcuff key and prior‑arrest guns were harmless beyond a reasonable doubt |
| Sentencing challenges | Sentence within statutory limits for crimes including a class A felony | Claimed sentencing limits (Penal Law §70.30(1)(e)) applied to reduce aggregate term | Affirmed: section does not limit where a class A felony is among the crimes; court did not abuse discretion in imposing maximum aggregate sentence |
Key Cases Cited
- People v Reome, 15 N.Y.3d 188 (corroboration need only tend to connect defendant to crime)
- People v Sage, 23 N.Y.3d 16 (standards for accomplice corroboration)
- People v Dixon, 231 N.Y. 111 (corroboration requirement formulation)
- People v Buford, 69 N.Y.2d 290 (standard for "grossly unqualified" juror)
- People v Rodriguez, 71 N.Y.2d 214 (in‑camera inquiry and juror partiality analysis)
- Illinois v Allen, 397 U.S. 337 (defendant may be removed for disruptive behavior)
- People v Palermo, 32 N.Y.2d 222 (need to minimize prejudice when excluding defendant; preserving order)
- People v Gillyard, 13 N.Y.3d 351 (harmless error standard)
- People v Crimmins, 36 N.Y.2d 230 (harmless error and sufficiency review)