People v. Santarelli

• Decision Date: 15 January 1980
• Parties: , 401 N.E.2d 199 The PEOPLE of the State of New York, Respondent, v. Joseph SANTARELLI, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 77

425 N.Y.S.2d 77

49 N.Y.2d 241, 401 N.E.2d 199

The PEOPLE of the State of New York, Respondent, v. Joseph SANTARELLI, Appellant.

Court of Appeals of New York.

Jan. 15, 1980.

Harold J. Boreanaz, Buffalo, for appellant

Patrick D. Monserrate, Dist. Atty. (Patrick H. Mathews, Binghamton, of counsel), for respondent.

OPINION OF THE COURT

GABRIELLI, Judge.

On the morning of August 24, 1975, the defendant shot and killed his brother-in-law, Joseph Foti, by firing five shotgun blasts at him, two of which proved to be fatal. There was no apparent motive for the killing; in fact, the evidence indicated that the victim and defendant had enjoyed a very close and warm relationship over the years. Following a protracted trial, defendant was convicted of having committed murder in the second degree (Penal Law, § 125.25, subd. 1) by shooting his brother-in-law with a sawed-off shotgun. At his jury trial, defendant acknowledged having committed the acts charged in the indictment, but contended that his conduct should be excused because he was legally insane at the time of the alleged crime and, consequently, could not be held criminally responsible for his actions (see Penal Law, § 30.05). The People, in an effort to rebut this claim, sought to establish that the shooting was merely a product of defendant's "explosive personality", a character trait not rising to the level of legal insanity. To this end, the District Attorney offered proof through the testimony of witnesses that defendant had committed a number of unprovoked, violent acts, unconnected with his brother-in-law, prior to the shooting. It is the trial court's ruling permitting the use of all of this testimony that forms the basis of the present controversy.

The People's direct case at trial consisted solely of testimony by several police officers, each of whom described the circumstances surrounding the shooting. Lieutenant Fusco, a criminologist, explained that the dwelling in which the shooting occurred was divided into two apartments which were separated by a staircase and a doorway. Defendant and his wife occupied the upper apartment, while the defendant's in-laws occupied the floor below. On the basis of information derived from the autopsy and from the position of the bullet holes in the woodwork, Lieutenant Fusco was able to conclude that the victim, Joseph Foti, had been standing on the lower landing of the staircase leading to defendant's apartment when he was struck by gun discharges fired from above. After the first shot was fired, according to Lieutenant Fusco, the victim had enough strength to exit the building through the lower apartment in a vain attempt to effect an escape via the driveway. It was at this point, Lieutenant Fusco stated, that Foti was struck by the fatal shots, which were fired from a second-floor patio connected to defendant's apartment. Defendant was apprehended shortly after the shooting and promptly acknowledged his responsibility for his brother-in-law's death.

Following the close of the People's direct case, defendant called a number of lay and expert witnesses in an effort to demonstrate that the shooting was the produce of a "paranoid delusion" which caused him to believe that his brother-in-law was trying to kill him and that immediate defensive action was necessary to ward off an imminent attack. Several acquaintances of defendant were called to attest to the fact that defendant appeared distracted and unusually tense in the days immediately preceding the shooting. Defendant's sister and several other relatives confirmed these observations and further noted that defendant's attack on his brother-in-law was particularly uncharacteristic, since the two men had always enjoyed a very close and warm relationship. Nola Santarelli, defendant's wife, testified that in the weeks preceding the killing, her husband had become increasingly disturbed as a result of efforts by members of the FBI to convince him to become a witness in a criminal action on the government's behalf. Defendant had been especially unnerved, according to Mrs. Santarelli, when his close friend, Vincent Christina, also tried to persuade him to become a witness for the government.

Testimony concerning the events of the day of the shooting was supplied by Mrs. Santarelli, defendant's father and the victim's widow. All three testified that on the morning of the day in question, defendant had had a violent argument with his wife in which he accused her of working with the FBI. Mrs. Santarelli fled from the couple's apartment as a result of the quarrel, and defendant's brother-in-law, Joseph Foti, was called in to act as a peacemaker. Defendant immediately indicated his desire not to speak with Foti, but Foti persisted in pursuing the conversation. Finally, when Foti attempted to follow defendant into the latter's apartment, defendant opened his apartment door and fired upon his brother-in-law.

To support his contention that his acts had been the product of a "paranoid delusion", defendant also called to the stand two expert witnesses who were familiar with his background. On direct examination, both psychiatrists stated their professional beliefs that defendant had been in a psychotic state aggravated by amphetamine abuse when he shot his brother- and that, at the time of the crime, he lacked substantial capacity to apprehend the nature and consequences of his acts or that his conduct was wrong (see Penal Law, § 30.05). Upon cross-examination of defendant's expert witnesses, however, the District Attorney attempted to establish that defendant's conduct also could be explained as a symptom of a "personality disorder" commonly termed an "explosive personality". He elicited through questioning that an individual suffering from such a disorder would probably have a history of violent, antisocial conduct and would have a tendency to react with disproportionate violence in the face of relatively mild provocation. Moreover, the psychiatrists stated, although an individual with a "personality disorder" will often exhibit poor impulse control, especially when placed under stress, such an individual is generally considered to be in touch with reality and cannot be classified as legally insane within the meaning of section 30.05 of the Penal Law.

Having thus established the medical and legal significance of the term "explosive personality", the prosecutor then attempted to demonstrate that defendant was suffering from that condition rather than from the more serious condition of "delusional psychosis" and that, consequently, his conduct in shooting his brother-in-law could not be legally excused. By using the technique of hypothetical questioning, the District Attorney initially elicited from the expert witnesses that the shooting could be considered symptomatic of an "explosive personality" if it were assumed that the actor had committed certain specific acts of violence in the past and it were further assumed that he was laboring under considerable emotional stress at the time of the crime. The prosecutor then offered to prove through witnesses that defendant had, in fact, committed a number of irrational, violent acts in his past and that his tendency to react with violence had been exacerbated by the pressure that was being placed upon him in the weeks preceding the shooting as a result of his involvement with organized crime.

Defense counsel promptly objected to the admission of such proof on the ground that it would be highly prejudicial and would be probative only of defendant's propensity to commit violent crimes. Arguing that the evidence was not relevant to any material element of the People's case, defendant took the position that it should be excluded under the standards articulated in People v. Goldstein, 295 N.Y. 61, 65 N.E.2d 169 and People v. Molineux, 168 N.Y. 264, 61 N.E 286. The trial court, however, rejected defense counsel's argument and permitted the prosecutor to proceed with his rebuttal witnesses, while granting defendant a "continuing objection". Santarelli ultimately was convicted of murder in the second degree, and his conviction was affirmed by the Appellate Division. Noting that the challenged evidence "carried little potential for prejudice in this case", the Appellate Division upheld the trial court's ruling on the basis of what it perceived to be a "general rule" that once a defendant asserts the insanity defense, "any and all prior conduct of the accused having a bearing on the subject is admissible, even though it might also tend to show him guilty of other crimes" (64 A.D.2d 803, 804, 407 N.Y.S.2d 744, 746).

We note at the outset that we agree in principle with the Appellate Division's conclusion that the People are entitled to introduce evidence of prior criminal conduct which is probative of the defendant's sanity once the question of the defendant's sanity is made an issue in the case. We nonetheless hold that the present conviction must be reversed, since we find that much of the evidence admitted by the Trial Judge failed to meet the test of "relevancy" long established in our earlier decisions.

As a general rule, evidence of prior, uncharged criminal conduct may not be admitted as part of the People's direct case if its only purpose is to establish the accused's propensity to engage in criminal activities (e. g., People v. Fiore, 34 N.Y.2d 81, 84, 356 N.Y.S.2d 38, 41, 312 N.E.2d 174, 176; People v. Dales, 309 N.Y. 97, 101, 127 N.E.2d 829, 831; Coleman v. People, 55 N.Y. 81, 90; see Richardson, Evidence (10th ed. Prince), § 170; Wigmore, Evidence (3d ed.), § 305). While such evidence may be marginally relevant to the question of the accused's guilt, its probative value is deemed to be outweighed by its potential for prejudice, and, accordingly, the evidence is excluded as a matter of judicial policy (People v. Molineux, 168 N.Y. 264, 294, 61 N.E. 286, 294, supra ; see People v. Allweiss, 48 N.Y.2d 40, 46, ...