Redding v. N.Y. State Dep't of Corr.
| Decision Date | 16 January 2020 |
| Docket Number | 17 Civ. 7075 (CS)(JCM) |
| Parties | RALPH REDDING, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS, Respondent. |
| Court | U.S. District Court — Southern District of New York |
No objections to this Report and Recommendation (the "R&R") have been received, and no party has asked for an extension of time to object. Accordingly, I review the R&R for plain error. Finding none, I hereby adopt the R&R as the decision of the Court. The Petition is dismissed. Because reasonable jurists would not find it debatable that Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. The Clerk of Court is directed to send a copy of this endorsement to Petitioner, enter judgment for Defendant, and close the case.
SO ORDERED.
/s/_________
2/10/20
Petitioner Ralph Redding ("Petitioner") brings this pro se habeas corpus petition pursuant to 28 U.S.C. § 2254, challenging his state court conviction following a jury trial in New York State County Court, Westchester County. (Docket No. 1). Respondent opposed the Petition, (Docket No. 9), and Petitioner did not submit a reply. For the reasons set forth below, I respectfully recommend that the petition for a writ of habeas corpus be denied in its entirety.
Petitioner's convictions arose from a home invasion at a New Rochelle residence. Construing the evidence in the light most favorable to the State, see, e.g., Murden v. Artuz, 497 F.3d 178, 184 (2d Cir. 2007), the following facts were established at trial.
On December 14, 2010, at approximately 12:30 a.m., Petitioner, who was driving a black sedan near Hubert Place and North Avenue in New Rochelle, NY, stopped alongside Stephen Wallace, an Iona College student, and called him over to the car. (Trial Tr.1 at 830-38). Wallace walked over to Petitioner's car, stood within three feet of Petitioner, and looked inside to see him. (Id. at 836-38). Petitioner offered Wallace $10.00 to "grab" an empty pizza box from Canone's, a popular pizzeria located up the street, so he could play a trick on some girls. (Id. at 838-39, 851). Wallace agreed, and purchased an empty pizza box from Canone's for $1.00. (Id. at 839). Wallace then returned to Petitioner's car and handed him the box through the open window. (Id. at 839-40). Wallace was within "arm's length" of Petitioner's face and got a "good look." (Id. at 840).
A few minutes later, at approximately 12:40 a.m., Petitioner and his two accomplices, Sean Gray and Chad Jones, arrived at 43 Treno Street, New Rochelle, a three-story, single family house, where a group of Iona College students were gathered to watch a movie. (Trial Tr. at 607-09, 624, 648, 650, 728, 745, 863). The individuals in the home included John Havens and David Marcus, both of whom were tenants. (Id. at 607, 860, 875). The other students present were Christopher Boccio, Veronica Guzman, Jordan Ramos, and Gerilyn Carberry, who were all seated on a couch in the living room watching a movie. (Id. at 609). Marcus was in his room on the second floor of the house. (Id.).
Havens heard a knock on the door, and thought that Marcus had ordered food. (Trial Tr. at 625-27). Havens then looked out the window and saw Petitioner. (Id. at 627-29). He was holding a pizza box from Canone's, a popular pizza place that Havens knew well. (Id.). As Havens looked out the window, Petitioner looked at him and said, "pizza." (Id. at 628). When Havens opened the door, Petitioner pulled out a gun, and pushed through the door, followed by Gray and Jones. (Id. at 628-32). Petitioner pointed the gun at Haven's head, and directed theothers to put their cell phones on the table. (Id. at 634-36, 660, 735). Petitioner demanded to know, "where the fuck is Dave [Marcus] and where the fuck is the money." (Id. at 634, 735). Concerned about everyone's safety, Havens took Petitioner to Marcus. (Id. at 636). Petitioner and Gray accompanied Havens upstairs with the gun to his head. (Id. at 636-37, 640, 675). Although he was scared, Havens remained focused on the "faces [of the perpetrators] to make sure because nobody was wearing a mask or anything, so [he] was observing what these people were doing, what they looked like." (Id. at 644-45).
Meanwhile, Marcus was in his bedroom watching television and studying when he had heard a "loud knock" downstairs, followed by a "commotion" and "panicked voices." (Trial Tr. at 866-67). After he got "frightened," Marcus closed his door, locked it, and attempted to call 911, but he was not connected. (Id. at 867). Marcus then heard a "loud knock" on his bedroom door. (Id.). Outside of Marcus' bedroom, Petitioner told Havens, (Id. at 640). Havens looked at Petitioner, and then knocked on Marcus' door and said, "Dave, for my life, please open this door." (Id. at 640, 676-77, 691). Marcus opened the door; Petitioner rushed into the room and put the gun to Marcus' throat as Gray pushed Havens down the staircase. (Id. at 640-41, 677, 691, 868-69, 894, 897, 902). Marcus was standing face-to-face with Petitioner, about six inches apart, "focusing on him" and his eyes. (Id. at 869-70, 894-96, 912).
Jones told Havens to "get the F down here," grabbed him, and had him stay on the couch with the others. (Trial Tr. at 641-42, 677-78). Meanwhile, Petitioner was still holding Marcus at gunpoint upstairs, and demanded that Marcus "give [him] everything" he had. (Id. at 870). Gray searched the room and found a cash box containing $800. (Id. at 870, 897, 901). Petitioner then took Marcus into the hallway and pistol whipped him on the top of his head with the butt end ofthe gun, causing him to fall to the ground. (Id. at 873-74). As Petitioner and Gray ran down the stairs, Petitioner pointed the gun at the others. (Id. at 642, 679-80, 683, 692, 738-39, 781-82). As soon as Petitioner, Gray, and Jones left, Havens and Boccio ran upstairs and found Marcus lying in the hallway with his head bleeding. (Id. at 643-44, 740, 874). The entire ordeal lasted approximately three to five minutes. (Id. at 660. 736, 738, 761-62, 781, 804). Throughout the incident, Boccio and Guzman also observed Petitioner, and both got a clear view of his face on more than one occasion. (Id. at 735-40, 751-53, 766, 778-81).
The police were called and commenced an investigation. (Collins Aff.2 at 5). During the investigation, the police learned the identities of the perpetrators. (Id. at 5). The police conducted numerous photographic identification procedures with multiple witnesses, all of whom identified Petitioner as the culprit. (Id.). Marcus, Havens, Boccio, and Guzman each identified Petitioner as the gunman. (Pre-Trial Hearing Tr.3 at 19-20, 25-26, 32, 35-36). Wallace identified Petitioner as the man who requested the pizza box. (Id. at 40).
Petitioner and his two accomplices were arrested separately. (Collins Aff. at 6). Petitioner was arrested on January 17, 2011. (Id. at 6). Following grand jury presentations, Petitioner was indicted and charged with the crimes of burglary in the first degree (two counts); robbery in the first degree; robbery in the second degree; assault in the second degree (two counts); and assault in the third degree. (Docket No. 9-1). On March 9, 2011, Petitioner was arraigned in New York State County Court, Westchester County, and entered a plea of not guilty. (Collins Aff. at 6). During the criminal proceedings, Petitioner was represented by assigned counsel, David Rifas, Esq. (Id.).
Petitioner's defense attorney, David Rifas, filed an omnibus motion on May 5, 2011. (Docket No. 9-2). In his counseled motion, Petitioner sought to, among other things, suppress the identification evidence against him on the ground that the procedures employed were suggestive. (Id. at 4-5). In the alternative, Petitioner requested a Wade4 hearing. (Id. at 5). The State opposed the motion on May 20, 2011. (Docket No. 9-3).
By Decision and Order of the New York State County Court, Westchester County, the court denied Petitioner's motion to suppress the out-of-court identifications and/or prospective identification testimony. (Docket No. 9-4 at 6). The court granted Petitioner a Wade hearing to determine whether any of the identification procedures employed were unlawful, unduly suggestive and/or conducive to irreparably mistaken identification. (Id. at 6-7). The court further held that in the event that any of the identification procedures were found to be unduly suggestive, the prosecution would be required to set forth the independent source for any witness affected, so as to permit an in-court identification. (Id. at 7).
The court held a Wade hearing from October 17-19, 2011. (Pre-Trial Hearing Tr. at 1-363). The following testimony was elicited from Detective Carpano, the sole witness to testify at the hearing.
On the night of the incident, Carpano met with Havens and Marcus at the New Rochelle Police Department (NRPD) headquarters. (Pre-Trial Hearing Tr. at 99-101, 174-76). Havens described the gunman as a "large male, black, dark skin with scary eyes." (Id. at 99, 101, 177).Marcus described the gunman as "six feet tall, 230 pounds, dark skin with a pudgy face," and stated that he "was wearing a black jacket and a beanie." (Id.). Marcus further stated that he was focused on the gunman's "scary, evil eyes." (Id. at 113-14, 174). Throughout the investigation, Carpano told Havens and Marcus not to discuss the details of the investigation with anyone. (Id. at 115, 157-58, 170).
The police received an anonymous tip that a person by the name of "KO", later identified as Petitioner, was involved in the home invasion. (Pre-Trial Hearing Tr. at 178-79). Detective Fudge, who was familiar with Petitioner, also...
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