Welcome to Criminal Law and Procedure

1. Welcome to Criminal Law and Procedure

2. What are we doing? • The People of the State of New York • v • Mike Delta and Alfred Camp

3. The Problem The People of the State of New York v Mike Delta and Alfred Camp

4. Mike Delta and Alfred Camp have been arrested. Here is what happened. • On September 6, 2011, at approximately 12:30 am, Police Officers Frank Able and Officer Sal Baker were on road patrol in Queens, when a young woman, Patty (complainant) approached their car. • She told them that two men forced their way into her apartment where they beat her and robbed at gun point. • She told the officers that one the men had just entered the supermarket located a block away and that the man was probably carrying a gun. • She stated that she had seen both of them in her apartment building and thought that both lived or stayed in apartment 6D or 6E.

5. The officers drove the woman to the supermarket. She then told the officers that she thought the other man might be in the black Honda Civic at the other end of the parking lot. • The officers called for police backup. • It was decided that while the additional police arrived, Officer Able would enter the supermarket in case the suspect was going to rob the supermarket or harm someone else with his gun. • Officer Baker stayed with the complainant and kept under observation the black Honda Civic. • A police car and a police van went to the supermarket a few minutes later.

6. The officers in the van went into the supermarket, while the officers in the other police car went to the other exit and kept the black Honda under observation. Before the backup arrived, Officer Able entered the store and quickly spotted a black male wearing a black jacket, approaching a checkout counter. • Apparently upon seeing the officer, the black male turned and ran toward the rear of the store, and Officer Able pursued him with a drawn gun. • Officer Able saw yellow letters on the back of the coat but could not read what it said.When the black male turned the corner at the end of an aisle, Officer Able lost sight of him for several seconds, and upon regaining sight of the black male, ordered him to stop and put his hands over his head.

7. At that point, three other officers arrived on the scene and entered the supermarket. They quickly spotted Officer Able and went to assist him. • Officer Able noticed that the yellow letters on the back of the coat read “Big Boy,” not “Big Ben.” • They asked the black male what his name was and he responded, “Mike Delta.” • As the other officers pointed their guns on the suspect, Officer Able frisked Mike Delta and discovered that he was wearing an empty shoulder holster. • At the time Mike Delta was surrounded by four police officers whose guns had been returned to their holsters because they felt that the situation was under control.

8. After handcuffing him, Officer Able asked him where the gun was. Mike Delta nodded in the direction of some empty cartons and responded, “the gun is over there.” • Officer Able then went to the boxes and seized a loaded Glock 26 handgun. • Mike Delta was then placed under arrest by Officer Able, and read him his Miranda rights from a printed card. • Officer Able then asked Delta if he owned the gun and where he had purchased it. • Mike Delta answered that he did own it and that he had purchased it in South Carolina.

9. When they went outside, Officer Baker, in the police car with the complainant, asked her to look at the person in the handcuffs and then asked her if she recognized her. The complainant stated that he was one of the men she told them about. • She was then taken to a hospital by EMS who had just arrived. • Apparently, when the occupant of the black Honda Civic saw Delta leave the supermarket in police custody, he attempted to drive the black Honda Civic out of the supermarket. • The other police car blocked the exit and turned on the police lights and siren. • The black Honda Civic stopped.

10. Officers Able and Baker went up to the car and noticed Alfred Camp with a red coat on. • They told him to exit the car. • While he was exiting, Camp was able to slip out of the coat and the coat remained on the front driver’s seat. While Camp was held outside of the car by Officer Baker, Officer Able picked up the coat and noticed it was quite heavy on one side. He then felt that side and felt what he believed to be a gun. • He reached into the pocket of the coat and removed the gun, a RugerLCP. Camp was then frisked and handcuffed and placed in the police vehicle.

11. Officer Camp then went back into the car to look for contraband from the robbery. Under the back seat they found a zippered black bag. They opened it and found women’s jewelry. • Both suspects were arrested, though Camp was not given his Miranda warnings, and taken to the local precinct for arrest processing by Officers Able and Baker. • On the way, Officer Able told both suspects that when they go into the precinct, the desk sergeant would search them thoroughly. • He then asked them if they had anything in their pockets or on them that would could harm the officers searching them. • Camp then said: “A gun is in the glove compartment in a brown paper bag.”

12. The black Honda Civic was taken to the precinct and impounded. Officer Able told his Lieutenant what Camp told him about the gun. • Rather than seeking a search warrant, Lieutenant Luke went to the car with a clipboard and started to go through the entire car writing down everything that was in the car. • He opened the glove compartment and saw the described paper bag. He took the bag out of the and it felt heavy and the shape of what was in the bag was clearly a gun. • When he went into the bag, he found the gun and an ounce of cocaine.

13. The officers later went to the hospital. The complainant was still in the emergency room. In her room she was with the physician. The physician stated that the complainant had a broken finger on her right hand. They saw that her right eye was swollen shut and black and blue. She was prescribed pain killers. • The officers then went to the apartment building. They first went to the complainant’s apartment. They observed a broken door and inside the apartment was in disarray as if things were turned over to look for things. • Backup arrived and the backup officers secured the place. officers then went to apartment 6D where Mike Delta’s driver license stated he lived. The door was closed and locked. They looked for the superintendent to open the door. The superintendent had a key that opened the door.

14. TheHe told the officers that two people lived there, but he wasn’t sure who they were since they had just moved in, though he remembered that one of them wore a black coat with “Big Man” on it. • They then asked him if the other person wore a red coat. • He stated that he had no idea about the second guy, but thought both might be black men around 5 foot, ten inches tall, or that just might be a friend. • The officers went into the apartment and quickly went through the apartment to make sure no one else was in the apartment. They noticed that the apartment had two bedrooms. When they looked into the bathroom, they discovered a scale with a white powdery substance.

15. They seized the scale and the white powdery substance. • In the second bedroom, they found jewelry. • They then went back to the hospital. There, they found the complainant fully dressed and ready to go home. • The officers asked if she could go to the precinct with them. She went there and was asked to view a lineup. In the lineup was Camp and five other people. Camp was number 3. Officer Able asked her to look carefully at each of them. • She looked at each and thought that it might be number 2 or 4. She was then told to look carefully at all of them and not to be so quick to eliminate anyone yet. She looked at them again and stated that she just wasn’t sure.

16. The officer then asked her look at the middle carefully. She looked at the three in the middle, Camp (number 3) and the persons holding 4 and 5. She stated that maybe 3 and 4 looked familiar, but she wasn’t sure.He then said: “look, I can’t tell you who it is, but it is definitely one of those three — look again.” She looked again and asked him: “I am just not sure — is it 3?” He told her that she got it right and they will take care of the rest. • She was then shown the jewelry found in the car. She said that it belonged to her and jewelry taken from her without her permission. When they showed her jewelry from the bedroom, she stated that the watch was hers, but not the rest of the jewelry. • End of story

17. The Set-Up People v Mike Delta and Alfred Camp

18. The Problem raises many issues. They can be initially categorized two ways: • CRIMINAL LAW.What criminal offenses can each defendant be charged with? • CRIMINAL PROCEDURE. Were the defendant’s rights violated, and if so, what are the consequences?

19. CRIMINAL LAW

20. CRIMINAL LAW • What criminal offenses can each defendant be charged with? • Most criminal offenses are found in the Penal Law

21. CHARGING THE DEFENDANTS WITH CRIMINAL OFFENSES • “She told them that two men forced their way into her apartment where they beat her and robbed at gun point.” • Forced entry into apartment • Beat her • Robbed • Used Gun Wrongful Acts

22. CHARGING THE DEFENDANTS WITH CRIMINAL OFFENSES • “She told them that two men forced their way into her apartment where they beat her and robbed at gun point.” • Burglary • Assault • Robbery • Criminal Possession of a Weapon

23. CRIMINAL PROCEDURE

24. Were defendant’s rights violated; what are the consequences? • “Officer Able frisked Mike Delta and discovered that he was wearing an empty shoulder holster.... After handcuffing him, Able asked him where the gun was. Delta nodded in the direction of some empty cartons and responded, ‘the gun is over there.’ Able then went to the boxes and seized a loaded Glock 26 handgun.” • Can the statement be used against him at trial? • Was the gun properly seized?

25. CONSTITUTIONAL RIGHTS • Can the statement be used against him at trial? • Fifth Amendment • Fourteenth Amendment (Due Process Clause) • Makes the Fifth Amendment applicable to the states

26. CONSTITUTIONAL RIGHTS • Was the gun properly seized? • Fourth Amendment • “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….”

27. CONSTITUTIONAL RIGHTS • Was the gun properly seized? • Fourth Amendment • Fourteenth Amendment (Due Process Clause) • Makes the Fourth Amendment applicable to the states

28. THE REST OF THE COURSE • The Problem • Intro to Criminal Law and Procedure • Criminal Law • Criminal Procedure • Motions to Dismiss • Motions to Suppress • And of course, Ethics

29. Criminal Law and Procedure for Paralegals The First Class

30. US CONSTITUTION • The United States Constitution is the supreme law of the land. • The United States Supreme Court is the final interpreter of the United States Constitution. • The Fourth, Fifth, Sixth and Eighth Amendments made applicable to the states through the due process clause of the Fourteenth Amendment); AND • United States Supreme Court’s interpretation of the applicable provisions. • Provide for minimum standards in protecting the rights recognized in the constitution. • However, the individual states may provide for a greater protection under their constitution (see Oregon v Hass, 420 US 714 [1975]).

31. NEW YORK CONSTITUTION • The New York Constitution governs in New York State and in criminal matters is the supreme law of New York. • New York Court of Appeals is the final interpreter of the New York Constitution • Highest Court in New York

32. APPELLATE DIVISION • The New York Supreme Court, Appellate Division (“Appellate Division”) is the intermediate appellate court in New York • The Appellate Term is also the intermediate appellate court: it handles appeals from the Criminal Court of the City of New York. SUPREME COURT • The New York Supreme Court is the trial court of general jurisdiction. • Generally, it will handle the trial of all felonies.

33. COMMENCEMENT OF CRIMINAL ACTION • Almost all criminal cases in New York City will start in the Criminal Court of the City of New York. ETHICS • The role of the prosecutor is to seek justice, not to convict.

34. Who’s Who and What’s What

35. Trial Courts • Supreme Court, Criminal Term • NYC Criminal Court

36. Courts in Statutory Language • “Criminal Court” • Supreme Court; or • NYC Criminal Court • “Superior Court” • Supreme Court, Criminal Term • “Local Criminal Court” • NYC Criminal Court

37. NY Courts with Criminal Jurisdiction APPEAL APPEAL APPEAL Felony Though Grand Jury Action

38. In the Courtroom • Judge • Criminal Court Judge • Supreme Court Justice • Prosecutor • Defense Counsel

39. Primer on Criminal Statutes • There are three types of statutes: • DEFINE TERMS: • OFFENSES: • PROCEDURE:

40. (1) Define Terms • EXAMPLE: A person is guilty of criminal sale of a controlled substance in the fifth degree when he or she “knowingly and unlawfully sells a controlled substance” (Penal Law § 221.31). • When you look at that statute, you see several terms that need to be defined.

41. Define Terms • A person is guilty of criminal sale of a controlled substance in the fifth degree when he or she “knowingly and unlawfully sells a controlled substance” (Penal Law § 221.31). • To be defined: • knowingly • unlawfully • sells • controlled substance

42. Define Terms • To be defined: • Knowingly (Penal Law § 15.05 [2]) • Unlawfully (Penal Law § 220.00 [2]) • Sells (Penal Law § 220.00 [1]) • Controlled Substance (Penal Law § 220.00 [5]; Public Health Law § 3306)

43. How to Define Terms • Whenever you come across a statute that uses terms, always look for a statute that defines that term. • You will find the statute either: • IN THE BEGINNING OF THE ARTICLE (e.g., Penal Law § 220.00); or • IN A DEFINITION ARTICLE (e.g., CPL 1.20 or Penal Law § 10.00).

44. DEFINITIONS AT BEGINNING OF ARTICLE • Deal with specific criminal offenses • Usually only apply to that article of the Penal Law.

45. DEFINITIONS AT BEGINNING OF ARTICLE • For example: • Article 130 [Sex Offenses], • Article 140 [Criminal Trespass and Burglary], • Article 155 [Larceny], • Article 220 [Controlled Substances], • Article 265 [Firearm and Weapons]).

46. Terms at the Beginning of Penal Law • Definitions found in Penal Law § 10.00 generally apply to the entire Penal Law. • For example: • Felony • Misdemeanor • Physical Injury

47. Terms at the Beginning of CPL • Definitions in CPL 1.20 generally apply to the entire Criminal Procedure Law. • Criminal action • Criminal proceeding • Accusatory instrument • Warrant of arrest

48. Definitions In Cases • After you find the definitions in the statutes, of course you have to look for case law. • PENAL LAW § 120.00: Assault in the third degree requires a physical injury • PENAL LAW § 10.09: Physical injury requires an impairment of physical condition or substantial pain. • SUBSTANTIAL PAIN? Need to find case law to define it.

49. (2) Establish a Criminal Offense • The second type of criminal statutes are ones that establish and define a criminal offense. • These statutes are found in • Part Three of the Penal Law; and • Various statutes outside of the Penal Law (e.g., driving while intoxicated is found in the Vehicle and Traffic Law).

50. EXAMPLE OF A CRIMINAL OFFENSE • Assault in the third degree (Penal Law § 120.00) • A person is guilty of assault in the third degree when: • 1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or • 2. He recklessly causes physical injury to another person; or • 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. • Assault in the third degree is a class A misdemeanor.