Recorded Conversation in Police Car Not Private

Defendant appealed from a conviction of criminal possession of a weapon in the second degree, criminal possession of marijuana in the third degree, aggravated unlicensed operation of a motor vehicle in the second degree, and speeding. The New York Law Journal reported that “While speaking to Campbell, Emil Garcia, a Westchester County police officer, smelled marijuana. According to court papers, Campbell told Garcia that he had smoked marijuana and that there was marijuana inside the car.” Just another case where the defendant, instead of speaking to the police, should have exercised (you have to tell the police this) his right to remain silent and demand to speak to an attorney: do not hesitate to call the Law Offices of Cory H. Morris if you are stopped by the police, anytime..

Here, Defendant alleges that the statements between him and a co-defendant were improperly admitted into evidence above his objection. The statements were the conversation that the defendant had in the back seat of the police car, all recorded by the police camera(s). The Defendant challenged the statements (also introduced against the co-defendant).

Although not preserved for appeal, the Court stated that

viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt of those crimes was not against the weight of the evidence (see People v Romero, 7 NY3d 633).

The case is People v. Campbell, 2016 NY Slip Op 01506 (2d Dep’t. Mar. 2, 2016). The conviction is affirmed.

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