NEW YORK STATE COURT OF APPEALS

PEOPLE v. ULYSIS PARRISS
136 AD2d 882 (4th Dept. 1988)

(Leave to Appeal Denied)

A woman was attacked as she got out of the car in her own driveway. The attempted rapist was armed with a handgun and wore a ski mask. The woman fought with her attacker and screamed. The attacker placed his hand over her mouth to muffle the scream and struck her over the head with the gun. In the process the intended victim bit her attacker’s hand. The attacker then fled on foot. The police were immediately summoned. The victim was able to provide the investigator with the following description of her assailant, “Black male, 5’7”, and a description of his clothing, including the fact that he was wearing a trench coat. A more detailed description was made impossible by the fact that the assailant wore a ski mask during the entire attack.

A search of the immediate area produced a man’s wallet, about 15 feet from the location of the attack. The wallet contained identification showing that it belonged to Ulysis Parriss, who was the brother-in-law of the victim, and who lived directly across the street.

The police proceeded to the house across the street where they interviewed the victim’s sister, who stated that she did not know the whereabouts of her husband that evening. As the police were leaving they encountered Ulysis Parriss and a friend walking up the street. While Parriss matched the general description given by the victim, he was not wearing clothes which resembled those described by the victim.

Parriss was arrested, placed in a patrol car and transported to a nearby hospital where the victim was being hospitalized for injuries sustained in the attack. After viewing the suspect in the patrol car the victim told the police she was unable to positively identify the attacker, but they should check his left hand since she had bitten it quite forcefully during the attack (as a matter of fact a sizable amount of human tissue was removed, from between the victim’s lower teeth at the hospital). An examination of the defendants left hand revealed a fresh wound.

The defendant was given his Miranda rights, admitted his involvement in the crime, and even provided the police with a detailed sketch as to where they could find the clothing and ski mask he had used during the attempted rape.

The Appellate Division, 4th Department, reversed this conviction on the basis that the initial detention of Parriss was based upon insufficient evidence.