People v. Gilford

• Citation: 16 N.Y.3d 864,948 N.E.2d 920,924 N.Y.S.2d 314,2011 N.Y. Slip Op. 03651
• Parties: The PEOPLE of the State of New York, Respondent,v.Terrell GILFORD, Appellant.
• Decision Date: 03 May 2011
• Court: New York Court of Appeals

16 N.Y.3d 864
948 N.E.2d 920
924 N.Y.S.2d 314
2011 N.Y. Slip Op. 03651

The PEOPLE of the State of New York, Respondent,
v.
Terrell GILFORD, Appellant.

Court of Appeals of New York.

May 3, 2011.

[924 N.Y.S.2d 314]

Office of the Appellate Defender, New York City (Rosemary Herbert and Richard M. Greenberg of counsel), for appellant.Robert T. Johnson, District Attorney, Bronx (Justin J. Braun, Andrew S. Holland, Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent.

[16 N.Y.3d 865] [948 N.E.2d 920] OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed.

At 2:00 a.m. on Monday, March 8, 2004, a fight erupted on the dance floor at “Skate Key,” a now-defunct indoor roller skating rink in the Bronx. By the time the combatants were spent or separated, James Earl Jones had suffered what turned out to be a mortal stab wound in the chest, and Kyle Williams had [16 N.Y.3d 866] suffered potentially life-threatening stab wounds in the stomach and back. A female witness who was standing within inches of Jones when he was stabbed helped him outside where he collapsed in the street. She immediately and spontaneously identified defendant Terrell Gilford as Jones's attacker to a police sergeant assigned to the area outside Skate Key, who asked if anyone knew who stabbed the victim. Defendant fled on foot, with the sergeant and witness in pursuit.

[924 N.Y.S.2d 315 , 948 N.E.2d 921]

Two uniformed police officers, who were notified at 2:15 a.m.. of an assault in progress, joined in the chase in their patrol car and finally caught up with defendant a few blocks away from Skate Key. They handcuffed defendant with his hands behind his back and placed him in the back seat of their cruiser. The sergeant instructed these two officers to transport defendant to the nearby hospital where Jones had been taken by ambulance, and to conduct a showup. At the time, the sergeant suspected that Jones was “ probably going to lose his life.”

When the two officers reached the hospital, one of them stayed with defendant in the car, which was parked in the emergency room parking lot. The other officer went into the hospital where he learned Jones's name, and discovered that he was “unconscious” and “being worked on,” rendering a showup impossible. On his way out of the emergency room, though, he ran into the witness and a male companion, who were walking quickly in his direction. In light of their distraught and rushed appearance (the witness appeared to have been crying), the officer, acting on a hunch, asked them why they were there. When the witness responded that “her friend” James Jones had been stabbed, the officer asked the two of them “if they knew anything about what had happened at the Skate Key and they said that they did.” He then “asked them if they would be able [to] in any way ... identify any suspects involved in the case and they also said they would.” The officer did not know that the witness had already...