People v. Epps

Appellate Division of the Supreme Court of New York

People v. Epps

122 A.D.2d 587, 504 N.Y.S.2d 932, 1986 N.Y. App. Div. LEXIS 59864

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

DecidedJuly 11, 1986

StatusPublished

Cited by3 cases

This text of 122 A.D.2d 587 (People v. Epps) 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. Epps, 122 A.D.2d 587, 504 N.Y.S.2d 932, 1986 N.Y. App. Div. LEXIS 59864 (N.Y. Ct. App. 1986).

Pincite

Opinion

— Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to manslaughter in the first degree in satisfaction of a five-count indictment charging him with intentional murder, felony murder, two counts of attempted robbery in the first degree, and criminal possession of a weapon in the second degree.

[588]*588Defendant’s contention that his statement should have been suppressed as the fruit of an illegal arrest lacks merit because his arrest occurred at the apartment of one Cathy Hatch. In the absence of proof that he had a reasonable expectation of privacy there, defendant has no standing to object to the warrantless entry (People v De Moss, 106 AD2d 395, 397-398; cf. People v Ponder, 54 NY2d 160, 166).

Defendant’s claim that his plea was invalid is unpreserved. Furthermore, even though defendant denied an intent to injure anyone, there was no error, because "[a] bargained guilty plea to a lesser crime makes unnecessary a factual basis for the particular crime confessed [citations omitted]” (People v Clairborne, 29 NY2d 950, 951; People v Amerson, 91 AD2d 1204). During the plea allocution, defendant admitted all the elements of the higher crime of felony murder.

We have examined the other issues raised by defendant and find them to be without merit. (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — manslaughter, first degree.) Present — Denman, J. P., Green, Pine, Balio and Schnepp, JJ.

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— Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to manslaughter in the first degree in satisfaction of a five-count indictment charging him with intentional murder, felony murder, two counts of attempted robbery in the first degree, and criminal possession of a weapon in the second degree.

[588]*588Defendant’s contention that his statement should have been suppressed as the fruit of an illegal arrest lacks merit because his arrest occurred at the apartment of one Cathy Hatch. In the absence of proof that he had a reasonable expectation of privacy there, defendant has no standing to object to the warrantless entry (People v De Moss, 106 AD2d 395, 397-398; cf. People v Ponder, 54 NY2d 160, 166).

Defendant’s claim that his plea was invalid is unpreserved. Furthermore, even though defendant denied an intent to injure anyone, there was no error, because "[a] bargained guilty plea to a lesser crime makes unnecessary a factual basis for the particular crime confessed [citations omitted]” (People v Clairborne, 29 NY2d 950, 951; People v Amerson, 91 AD2d 1204). During the plea allocution, defendant admitted all the elements of the higher crime of felony murder.

We have examined the other issues raised by defendant and find them to be without merit. (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — manslaughter, first degree.) Present — Denman, J. P., Green, Pine, Balio and Schnepp, JJ.

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Bluebook (online)

122 A.D.2d 587, 504 N.Y.S.2d 932, 1986 N.Y. App. Div. LEXIS 59864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-epps-nyappdiv-1986.

Opinion

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