76 A.D.2d 889 | N.Y. App. Div. | 1980
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 23, 1978, convicting him of manslaughter in the first degree and arson in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The facts upon which the judgment is based have been considered and are determined to have been established. Defendant was charged with murder in the second degree and arson in the second degree on the theory that he had stabbed Charles Flynn causing his death and had set Flynn’s apartment afire on the morning of January 23, 1977. The People’s case against defendant consisted almost entirely of incriminating statements made by defendant to his girlfriend, Theresa Lodico, and to police detectives. Criminal Term erred in several significant respects in its rulings on the admissibility of Lodico’s testimony. Over objection, Lodico was permitted to testify that on the morning of Flynn’s death, defendant made certain incriminating statements in his sleep, which he did not recall after he had awakened. The utterances were ambiguous in content and did not unequivocally relate to the subject crime. Furthermore, the circumstances in which the statements were purportedly made, in defendant’s sleep, severely detract from their reliability, and in view of the prejudicial nature of the statements, it was error to admit them (see People v Colon, 52 PRR 399; People v Robinson, 19 Cal 40). The trial court also misapplied CPL