People v. Ortega
| Decision Date | 25 November 1991 |
| Citation | 78 N.Y.2d 1101,585 N.E.2d 372,578 N.Y.S.2d 123 |
| Parties | , 585 N.E.2d 372 The PEOPLE of the State of New York, Appellant, v. Jimmie E. ORTEGA, also known as "Jimmie", also known as Leonidas Marmolejos, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed. 175 A.D.2d 573, 572 N.Y.S.2d 241.
Defendant was convicted of two counts of criminal sale and possession of a controlled substance. The sale of cocaine upon which defendant's conviction was predicated took place after a confidential informant introduced an undercover police officer to the defendant.
During cross-examination, the undercover officer refused to disclose the identity of the confidential informant. Recognizing that the court had to decide whether or not to require disclosure pursuant to guidelines set forth in People v. Goggins, 34 N.Y.2d 163, 356 N.Y.S.2d 571, 313 N.E.2d 41, the court conducted an ex parte conference in chambers with the officer. The conference took place without the presence, knowledge or consent of either party or counsel. Its purpose, as later stated by the court on the record, was to advise the witness about a potential Goggins problem and to attempt to persuade him to voluntarily disclose the identity of the informant.
We agree with defendant that the inquiry was a material part of the trial. Thus, the trial court's actions in conferring privately with the witness violated defendant's rights (People v. Turaine, 78 N.Y.2d 871, 872, 573 N.Y.S.2d 64, 577 N.E.2d 55; People v. Darby, 75 N.Y.2d 449, 453, 554 N.Y.S.2d 426, 553 N.E.2d 974).
The People contend that no Goggins issue was raised in the ex parte conference with Officer Fritzen because the Judge's only purpose was to persuade the officer to disclose the identity voluntarily, and because the Goggins issue was resolved thereafter based upon existing decisional authority submitted by the parties. There is no record, however, to show what was said in chambers or whether it contributed to the court's decision that disclosure was not required. It is possible that Officer Fritzen, in explaining his refusal to disclose the identity of the informant, stated an unrebutted view of the facts which influenced the trial court in reaching its subsequent decision. At least, the...
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...1373, 974 N.Y.S.2d 608 (3rd Dept. 2013), §16:60 People v. Ortega, 15 N.Y.3d 610 , 917 N.Y.S.2d 1 (2010), § 5:160, 5:185 People v. Ortega, 78 N.Y.2d 1101, 578 N.Y.S.2d 123 (1991), § 7:190 People v. Ortiz, 1 A.D.3d 1017, 767 N.Y.S.2d 361 (4th Dept. 2003), § 5:190 People v. Ortiz , 41 A.D.3d 2......
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Privileges
...N.Y.S.2d 634 (1992). Ex parte proceedings are appropriate to determine if an informant’s identity should be disclosed. People v. Ortega , 78 N.Y.2d 1101, 578 N.Y.S.2d 123 (1991). It was error for the trial judge to hold an ex parte conversation with a witness police oicer to persuade him to......
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Privileges
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