36 N.Y.2d 29 | NY | 1974
The principal issue on this appeal is whether the evidence offered at trial, circumstantial in nature, was sufficient to establish the defendants’ guilt of manslaughter in the first degree beyond a reasonable doubt.
John Benzinger, defendant Patricia Benzinger’s husband, was found dead in his home by the police at approximately 12:30 a.m. on August 14, 1970. The deceased had been seen alive at about 7:00 p.m. on the evening of August 13, 1970. The prosecution attempted to prove that the defendants Patricia Ben-zinger (Benzinger) and Carl Miller (Miller) were present at the Benzinger home at the time of the homicide and that the only reasonable inference from the facts proven was that acting in concert they had killed John Benzinger by stabbing him. We conclude that the cumulative effect of the evidence is sufficient to sustain the jury’s verdict of guilt.
Since the issue is the sufficiency of the circumstantial evidence, we view the facts most favorably to the People (People v. Cleague, supra, at p. 366; see Noto v. United States, 367 U. S. 290, 296). "We assume that the jury credited the prosecution witnesses and gave the prosecution’s evidence the full weight that might reasonably be accorded it.
Viewed in this light, the evidence is sufficient to support the jury’s verdict. Both Benzinger and Miller gave written statements to the police to the effect that they were together the entire day and evening of the crime. Neighbors testified that they had seen both Benzinger and Miller at her home at several different time's on the night in question. Miller was seen at the house at 10:30 p.m., and his car remained there from that time up until the arrival of the police. Since the Benzinger residence was located on a dead-end courtyard, the presence of the car indicates that the defendants remained in the house during this time. The prosecution expert testified that in his opinion death occurred after 9:45 p.m. The Benzinger home was a one-floor
There is, furthermore, additional evidence which tends to exclude an hypothesis of innocence. Both defendants made false statements to the police concerning the time of their return to the Benzinger home on August 13. Miller stated he had been sleeping at his house in the early evening and that “I woke about 9:30 p.m. and I and Patricia sat around the [Miller] house and watched television. ' I left my house with Patricia about 11:15 p.m. and I drove to her house. We 'both entered her house together, and we sat in the living room, and had a drink.” The testimony of several witnesses placed Miller at the Benzinger residence much earlier than 11:15 p.m.
While Benzinger’s written statement contained no reference to the time at which they arrived at her home, after the police officer saw the body she stated to him: “ I don’t know, we just got home. We were playing some records and then I saw the legs sticking out of th@ bathroom.” Benzinger’s statement that they had “ just got home ” when they found the body and called for help, approximately 12:15 a.m., is also clearly inconsistent with the testimony of the witnesses placing her at the house much earlier.
In the circumstances of this case, it is difficult to come to any other conclusion than that these false statements indicate a consciousness of guilt. We recognize that as a general proposition false statements are a relevant but weak form of evidence. (See, e.g., People v. Leyra, 1 N Y 2d 199.) Since there may be reasons
If truly innocent, it is doubtful that the defendants would have been aware that falsifying the time of their arrival at the scene of the crime would ténd to be exculpatory. If innocent, the degree of 'suspicion cast upon them by virtue of reporting the homicide would be the same no matter what time they found the body. To realize that the time of their arrival was significant, the defendants would have to be aware that the homicide was committed while they were present in the house, or that they were present in the house for a suspiciously long time without discovering it. Neither alternative is reasonably consistent with innocence.
The evidence is also sufficient to prove that each of the defendants intentionally participated in the homicide with the requisite intent (see Penal Law, § 20.00). Each was present at the scene of the crime. They had been together before, during, and after the homicide; and they both falsified the time of their arrival at the scene. While each of these facts is inconclusive of itself, taken together they form a sufficient basis to infer that each defendant either performed the stabbing, or intentionally aided the act with the the requisite intent.
One other argument warrants brief mention. Defendant Ben-zinger claims that it was reversible error for the trial court to have admitted into evidence Miller’s written statement, which contained an assertion to the effect that the defendants did not arrive at the Benzinger home on August 13, until after 11:15 p.m. Benzinger’s written statement contained no reference to the time of the defendants’ arrival at her home. Since Miller did not take the stand, Benzinger had no opportunity to cross-examine him with regard to the accuracy of the time mentioned in his statement. Although the trial court instructed the jury to use Miller’s 'statement only in his case, and not against Benzinger, Benzinger, citing Bruton v. United States (391 U. S. 123), claims that this instruction was not sufficient to protect her constitutional right to confront witnesses against her. However, Benzinger’s oral statement to the police that they “ just got
We have considered the other contentions of both defendants and find them to be without merit.
Accordingly, the orders of the Appellate Division should be affirmed.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Stevens concur.
Orders affirmed.