People v. CarrilloPeople v. Carrillo
Aрpeal from a judgment of the County Court of Clinton County (Halloran, J.), rendered July 8, 1996, upon a verdict convicting defendant of the crime of criminal possession of a controlled substance in thе first degree.
In May 1995, US Border Patrol Agent Mark Henry observed defendant backing up his vehicle on Interstate Route 87 approximately 100 yards from the United States-Canadian border in the Town of Champlain, Clinton County. Henry stopped the vehicle and requested and received identification from defendant including a New York driver’s license; he also received defendant’s consent tо open the trunk of the vehicle. Henry subsequently determined that the passengers in the vehicle were defendant’s wife, niece and child. Defendant’s wife was unable to produce a green card or any other documents evidencing her legal presence in the United States. Based upon the wife’s lack of documentation and defendant’s admission that he had smuggled her into the country in 1993, Henry requested and received defendant’s consent to follow him to the border patrol station in order to make further inquiries regarding her status. At the station Henry directed Agent Brian Jeffеrson to conduct a record check which, ultimately, failed to reveal any evidence of the wife’s legal status.
Thereafter, Henry directed Jefferson to arrest defendant’s wife and search defendant’s vehicle for further documentation. Jefferson then obtained defendant’s permission to search the vehicle; upon searching the trunk of the car, Jefferson observed a package wrapped in Christmas paper. Jefferson opened the package revealing a large plastic bag with a white, powdery
Later that evening defеndant indicated that he wanted to talk to Henry. According to Henry, when given the opportunity and without -prompting, defendant stated that he had purchased the cocaine in Brooklyn. Henry аsked Jefferson how much cocaine was present and defendant spontaneously stated that there was “500 grams”, “a pound”. Early the next day, defendant signed an agreement with a senior investigator from the State Police indicating that he would cooperate with the police. The investigator subsequently testified that he offered no promises to defendant in return for his cooperation other than agreeing not to arrest his wife on the drug charges.
In August 1995, defendant was indicted for criminal possession of a controlled substance in the first degree. Subsequently, defendant was granted, inter alia, a Huntley hearing based on his claims that his statements were involuntary, a product of police threats against his family, in violation of defendant’s Miranda rights and made in return for an unfulfilled promise by lаw enforcement to reduce the charge. County Court (Lewis, J.) denied defendant’s motion to suppress his statements. Following a jury trial, defendant was convicted of criminal possession of a controlled substance in the first degree. Thereafter, County Court imposed the most lenient permissible prison sentence of 15 years to life, and imposed a fine of $25,000. Defendant apрeals.
We affirm. Initially, we conclude that County Court properly denied defendant’s motion to suppress all statements and all evidence seized. The record reveals that defendаnt was stopped by Henry within 100 yards of the United States-Canadian border; Henry testified that his reasons for stopping defendant’s vehicle were twofold: (1) that he had witnessed defendant committing a traffic violation by backing up on Interstate Route 87, and (2) the nature of the infraction in such close proximity
In our view, Henry had reasonable suspicion sufficient to warrant the stop and question defendant and his passengers. Moreover, Henry obtained consent to search the trunk and, upon the failure of defendant’s wife to establish her immigration status, Henry had reasonable suspicion that defendant’s wife was an illegal alien, thereby justifying his request for defendant, who was transporting an allegеd illegal alien, to follow him to the station, a request to which defendant voluntarily consented (see, People v Edmund,
We also conclude that County Court properly refused to allow the cooperation agreement between defendant and the State Police into evidence. At trial, the court allowed defendant to present evidence of the agents’ alleged cоercion and threats during the time period in which those statements were made. The court, however, refused to allow the cooperation agreement into evidence, finding it irrelеvant to the determination of the voluntariness of defendant’s statements made at least seven hours earlier. It is well settled that a defendant has a constitutional right to confront his or her accusers, including the right to submit evidence tending to prove that a witness has fabricated his or her testimony (see, People v Hudy,
Pursuant to CPL 60.45 (2) (b) (i), a confession is rendered involuntary when it is obtained “by means of any promise or statement of fact, which * * * creates a substantial risk that the defendant might falsely incriminate himself’. In addition, a jury may properly consider any evidence bearing on the voluntariness of a dеfendant’s inculpatory statement (see, People
We also reject defendant’s contention that he did not receive effective аssistance of counsel. “To prevail on appeal, defendant must have established from the record the absence of strategic or other legitimate explanations for counsel’s alleged failures” (People v Ahl,
Finally, we reject defendant’s contention that the $25,000 fine imposed on him pursuant to Penal Law § 80.00 was improper in that County Court failed to set forth its considerations justifying the amount. The sentencing minutes reveal that defendant failed to object to both the imposition of a fine or its amount, and, therefore, defendant has failed to preserve the issue for consideration by this Court (see, People v Davila,
We have reviewed defendant’s remaining contentions, including the denial of his request for a missing witness charge, and find them to be without merit.