People v. Banner

Appellate Division of the Supreme Court of New York

People v. Banner

246 A.D.2d 306, 666 N.Y.S.2d 413, 1998 N.Y. App. Div. LEXIS 14

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 6, 1998

StatusPublished

This text of 246 A.D.2d 306 (People v. Banner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Banner, 246 A.D.2d 306, 666 N.Y.S.2d 413, 1998 N.Y. App. Div. LEXIS 14 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County Franklin Weissberg, J., at suppression hearing; William Wetzel, J., at jury trial), rendered November 9, 1995, convicting defendant of attempted murder in the second degree, robbery in the first degree, two counts of robbery in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years, 6 to 12 years, 5 to 10 years (three terms) and 3V2 to 7 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The hearing court credited the testimony of the arresting officer that defendant voluntarily left his uncle’s apartment and was lawfully arrested in the hallway where he had no legitimate expectation of privacy (see, United States v Santana, 427 US 38). We see no reason to disturb the court’s credibility determinations, which are supported by the record (People v Prochilo, 41 NY2d 759, 761). We have considered defendant’s other contentions and find them to be without merit. Concur— Sullivan, J. P., Rosenberger, Wallach, Rubin and Tom, JJ.

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Judgment, Supreme Court, New York County Franklin Weissberg, J., at suppression hearing; William Wetzel, J., at jury trial), rendered November 9, 1995, convicting defendant of attempted murder in the second degree, robbery in the first degree, two counts of robbery in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years, 6 to 12 years, 5 to 10 years (three terms) and 3V2 to 7 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The hearing court credited the testimony of the arresting officer that defendant voluntarily left his uncle’s apartment and was lawfully arrested in the hallway where he had no legitimate expectation of privacy (see, United States v Santana, 427 US 38). We see no reason to disturb the court’s credibility determinations, which are supported by the record (People v Prochilo, 41 NY2d 759, 761). We have considered defendant’s other contentions and find them to be without merit. Concur— Sullivan, J. P., Rosenberger, Wallach, Rubin and Tom, JJ.

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Bluebook (online)

246 A.D.2d 306, 666 N.Y.S.2d 413, 1998 N.Y. App. Div. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-banner-nyappdiv-1998.

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