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People v. Randazzo

Inmate Denied Barring Admission of Reference to Conversations Made From Rikers' Phone

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DECISION AND ORDER

*1The defendant has been indicted on two counts of Criminal Possession of a Weapon in the Second Degree (P.L. §265.03(1b) and P.L. §265.03(3)). Prior to the commencement of trial, the defendant has moved for an order, in limine, barring admission of and all reference to certain telephone conversations between the defendant and others that were recorded by the N.Y.C. Dept. Of Correction while the defendant was in custody at Rikers Island. The People have orally opposed the defendant’s application.In support of his motion, the defendant contends that:1) The Dept. Of Correction needed a warrant to tape the defendant’s phone calls;2) The Dept. Of Correction’s policy of routinely approving prosecutorial requests for telephone conversations of defendants in their custody is an intrusion into the criminal process that violates a defendant’s Sixth Amendment right to counsel; and3) The “unique circumstances” of the defendant, a 50 year old man who had no interaction with the criminal justice system since 1985,1 created undue pressure which impaired his physical or mental condition to the extent of undermining his ability to make a choice whether or not to make a statement on the Rikers Island phone system.Conclusions of LawThe issues raised by the defendant, with the exception of the “unique

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