People v. Williams
150 A.D.3d 1315
| N.Y. App. Div. | 2017Background
- Defendant Michael Williams was tried (jointly with codefendants) on a 261-count indictment alleging a large drug-distribution conspiracy based on extensive wiretaps, text messages, witness testimony, and controlled discovery at his residence.
- Intercepted calls/texts used coded language; an investigator (Guiry) testified identifying speaker, explaining slang, and played transcripts to the jury.
- A witness testified she purchased heroin from Williams hundreds of times. At arrest, police found cocaine, crack, a scale, a targeted phone, and crack residue in his home.
- After an 11-week jury trial, Williams was convicted of conspiracy in the second degree; multiple counts of criminal sale in the second and third degrees; and criminal possession in the third and fourth degrees.
- County Court sentenced Williams, as a second felony offender, to an aggregate term of 108 years plus postrelease supervision.
- The Appellate Division affirmed convictions but reduced the aggregate sentence in the interest of justice to an aggregate 39-year prison term with five years postrelease supervision.
Issues
| Issue | People’s Argument | Williams’ Argument | Held |
|---|---|---|---|
| Sufficiency of indictment language (counts erroneously used the word "attempt") | Indictment incorporated statutes, apprised elements; pretrial amendment cured wording | Counts 176, 191, 192 defective because indictment said "attempt" | Court: Indictment jurisdictionally valid; amendment removing "attempt" proper; counts upheld |
| Duplicity / multiplicity of counts | Each count charged a single offense supported by trial evidence and jury instructions | Multiple counts duplicitous/multiplicitous | Court: Unpreserved in part; on merits each count alleged distinct criminal act/fact — not multiplicitous; upheld |
| Legal sufficiency / weight of evidence (conspiracy, sales/possession counts) | Convictions supported by wiretap transcripts, expert explanatory testimony, witness purchases, and drugs seized at arrest | Insufficient because People did not recover drugs at most charged sale/possession events | Court: Evidence legally sufficient and weight supported convictions; expert testimony properly admitted; drug recovery not required when other proof establishes nature of drugs |
| Jury instruction on multiple conspiracies | Single integrated conspiracy supported by intercepted calls showing coordination and shared purpose | Requested multiple-conspiracies charge because Williams lacked contact with main supplier | Court: No reasonable view supported separate conspiracies; refusal to charge multiple conspiracies proper |
| Sentencing: consecutive terms (counts 249 & 251) and aggregate length | Acts underlying offenses were separate and distinct; consecutive terms authorized | Argued illegality/unreasonableness of aggregate 108-year term | Court: Consecutive terms for those counts legal; however, in the interest of justice reduced aggregate sentence to 39 years (specified consecutive/concurrent structure) |
Key Cases Cited
- People v. D'Angelo, 98 N.Y.2d 733 (Ct. App. 2002) (indictment/jurisdictional sufficiency principles)
- People v. Ramos, 19 N.Y.3d 133 (Ct. App. 2012) (legal sufficiency standard reviewing evidence in light most favorable to People)
- People v. Leisner, 73 N.Y.2d 140 (Ct. App. 1989) (when multiple-conspiracies charge is required)
- People v. Alonzo, 16 N.Y.3d 267 (Ct. App. 2011) (duplicitous/multiplicity analysis)
- People v. Bleakley, 69 N.Y.2d 490 (Ct. App. 1987) (weight of the evidence standard)
- People v. Whitehead, 130 A.D.3d 1142 (3d Dep't 2015) (expert testimony explaining coded drug-related language and sufficiency without recovery of drugs)