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BAXTER, NATHAN, PEOPLE v

Citation: Not availableDocket: KA 10-01043

Court: Appellate Division of the Supreme Court of the State of New York; July 19, 2013; New York; State Appellate Court

Original Court Document: View Document

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The Supreme Court of the State of New York, Appellate Division, reversed a judgment from the Onondaga County Court that convicted Nathan Baxter of criminal possession of a weapon in the second degree and resisting arrest, granting him a new trial. The court noted that Baxter did not preserve for review his argument regarding the County Court's failure to apply the requisite three-step analysis for his Batson challenge, which concerns the discriminatory use of peremptory challenges in jury selection. Although Baxter's contention on this issue was deemed without merit, the court reaffirmed the established procedure under Batson: first, the party must make a prima facie case of discrimination; second, the opposing party must provide race-neutral explanations for their challenges; and third, the trial court must determine discriminatory intent based on the overall circumstances. The prosecutor successfully met the burden of providing race-neutral reasons, leading to the rejection of Baxter’s Batson challenge. Additionally, Baxter's claim that he was deprived of a fair trial due to the court's questioning was also found to be unpreserved and ultimately rejected, as the court's interventions, while inappropriate, were not deemed egregious enough to compromise the fairness of the trial. Lastly, Baxter's objection regarding the credibility of a detective's testimony at the suppression hearing was similarly unpreserved for review.

The detective's testimony regarding observing a weapon in the defendant's lap through a partly open window during daylight was deemed credible, and the defendant's other claims about the detective fall outside the appellate record, necessitating a CPL article 440 motion. The defendant's assertion of a violation of his constitutional right to present a defense was not preserved for review. However, the court did review the evidentiary challenge related to the denial of a request to produce an inmate witness, concluding that the court abused its discretion in denying the request. Under CPL 630.10, the defendant had shown reasonable cause to believe the inmate witness had material information, as the witness had spoken to the vehicle's driver prior to the defendant's arrest. The lack of fingerprint evidence and reliance on police testimonies highlighted the importance of the inmate's potential testimony in supporting the defendant's account. The court's denial was based on a letter the defendant wrote to the inmate, which the inmate never received, indicating a misunderstanding of the situation. Consequently, the judgment was reversed, and a new trial was ordered without addressing the defendant's other claims. A dissenting opinion argued that the defendant did not meet the burden for producing the inmate witness, supporting the original court's denial.

A trial court can order the production of a person confined in a state institution if a party to a criminal action demonstrates reasonable cause to believe that the individual has material information relevant to the case, as per CPL 630.10. The defendant must provide assurance that the witness can offer competent, material evidence. When seeking to call a witness, the defendant must present an offer of proof indicating that the testimony would be material and favorable to the defense. In this case, the defendant failed to provide such an offer regarding the proposed testimony of the incarcerated witness, only suggesting that the witness might offer character testimony or unspecified information. Defense counsel admitted to not having spoken to the witness or having any communication about the substance of his testimony. Although the witness was present at the scene, this alone did not demonstrate that he had material information pertinent to the charges. The court denied the defendant's request, as he did not show that the witness possessed material information regarding the trial issues. The conviction was affirmed as the majority agreed with the defendant's remaining arguments.