People v. Brewer

Appellate Division of the Supreme Court of New York

People v. Brewer

151 A.D.2d 985, 541 N.Y.S.2d 1003, 1989 N.Y. App. Div. LEXIS 8304

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

DecidedJune 2, 1989

StatusPublished

This text of 151 A.D.2d 985 (People v. Brewer) 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. Brewer, 151 A.D.2d 985, 541 N.Y.S.2d 1003, 1989 N.Y. App. Div. LEXIS 8304 (N.Y. Ct. App. 1989).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant failed to establish standing to challenge his warrantless arrest in the home of his girlfriend (see, People v Wesley, 73 NY2d 351). In denying defendant’s motion to suppress the statements made by him to the police after his arrest, the suppression court disbelieved the testimony of defendant’s witnesses and found that defendant did not live at the home of his girlfriend. We find no reason to disturb this finding. Except for the testimony of defendant’s girlfriend, mother, father, and uncle, all of whom the court could properly consider to be interested witnesses, the evidence showed that defendant was living at home with his parents and, on the afternoon of the arrest, had traveled from his home to visit at the home of his girlfriend where he was arrested. (Appeal from judgment of Monroe County Court, Wisner, J. — murder, second degree; burglary, first degree.) Present — Callahan, J. P., Doerr, Boomer, Lawton and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant failed to establish standing to challenge his warrantless arrest in the home of his girlfriend (see, People v Wesley, 73 NY2d 351). In denying defendant’s motion to suppress the statements made by him to the police after his arrest, the suppression court disbelieved the testimony of defendant’s witnesses and found that defendant did not live at the home of his girlfriend. We find no reason to disturb this finding. Except for the testimony of defendant’s girlfriend, mother, father, and uncle, all of whom the court could properly consider to be interested witnesses, the evidence showed that defendant was living at home with his parents and, on the afternoon of the arrest, had traveled from his home to visit at the home of his girlfriend where he was arrested. (Appeal from judgment of Monroe County Court, Wisner, J. — murder, second degree; burglary, first degree.) Present — Callahan, J. P., Doerr, Boomer, Lawton and Davis, JJ.

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Bluebook (online)

151 A.D.2d 985, 541 N.Y.S.2d 1003, 1989 N.Y. App. Div. LEXIS 8304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brewer-nyappdiv-1989.

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