People v. Mora
Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Shea, J.), rendered February 2, 1987, convicting him of bribery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
At a Mapp hearing prior to the trial, a police officer testified that while the defendant was detained on the traffic violations he consented to a police search of his car trunk. The search revealed $29,000 in cash in the trunk. The defendant and his four passengers testified that the officers had removed the keys from the ignition and unlocked the trunk without consent. The hearing Judge credited the defendant’s witnesses, found that there was no consent to the search, and suppressed the $29,000 recovered from the trunk.
At trial, the People’s witnesses were allowed to testify, over objection, that $29,000 was found in the trunk of the defendant’s car and that the defendant offered that money to them if they would forget about the three traffic violations and let him go.
We find that the police officers’ testimony that the money offered in the bribe attempt was found in the trunk was not sufficiently attenuated from the illegal seizure of the money (see, People v Dory, 59 NY2d 121, 126-127; People v Evans, 43 NY2d 160). The primary taint of the illegal conduct was not removed because the officers’ observations were the product of the illegal search (see, People v Evans, supra; cf., People v Davis, 59 AD2d 722). For the same reason, the police vouchers evidencing the police possession of the money seized from the trunk should not have been admitted. However, we find such errors to be harmless beyond a reasonable doubt since the jury acquitted the defendant of the first bribery count which was based on his offer to share that $29,000 with the police.
We further find that the police officers did not exploit the illegal search so as to provoke the defendant into making the bribe offers (see, People v Davis, supra; People v Puglisi, 51 AD2d 695). The defendant’s statements were made in response to inquiry legitimately related to the bribe offer and, therefore, are outside the protection of the right to counsel rule (see, People v Middleton, 54 NY2d 474).
The defendant’s contention that the People failed to disprove his coercion defense is without merit. Viewing the evidence adduced at trial in the light most favorable to the People (People v Contes, 60 NY2d 620), we find that the evidence was legally sufficient to support the conviction for bribery in the second degree as charged in the second count even without the improperly admitted evidence. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15 [5]). Kunzeman, J. P., Eiber, Sullivan and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.