VTL 1192-4: SUFFICIENCY OF EVIDENCE

By Louis R. Maino

POST-TRIAL MEMORANDUM:                                                                                                                                                      LOUIS R. MAINO, ESQ.                                                                                                                                        ISSUE: SUFFICIENCY OF EVIDENCE TO CONVICT DEFENDANT UNDER VTL§1192-4:

CPL§60.50 provides that a person may not be convicted of any offense solely upon evidence of a confession or admission made by him without additional proof that the offense charged has been committed. In the pending charge against defendant, his CPL§710.30 statements alone cannot substantiate a conviction of the charge of VTL§ 1192-4. At trial Detective "K " testified that in defendant's §710.30 statements he admitted to him that defendant had smoked. However, the District Attorney failed to prove that defendant's §710.30 statements constituted a confession or commission of any crime other than Detective K's conclusionary remarks of what he assumed defendant meant was smoking "crack cocaine".  Further, during the trial the District Attorney presented no other evidence, such as a lab report to corroborate or confirm Detective K's opinion. Further, there was no evidence to make a nexus between defendant's §710.30 statements and the elements required for a conviction under in VTL§1192-4 requiring proof of defendant's impairment by drugs affecting defendant's mental and physical abilities to operate his automobile in a reasonable and prudent matter as required under the Cruz standard {People v. Cruz, 48 N.Y. 2d 419(1979)].                                                                                           

Result: Case Dismissal by Presiding Judge.