People v. Felton

Appellate Division of the Supreme Court of New York

People v. Felton

264 A.D.2d 632, 696 N.Y.S.2d 11, 1999 N.Y. App. Div. LEXIS 9311

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

DecidedSeptember 23, 1999

StatusPublished

Cited by1 cases

This text of 264 A.D.2d 632 (People v. Felton) 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. Felton, 264 A.D.2d 632, 696 N.Y.S.2d 11, 1999 N.Y. App. Div. LEXIS 9311 (N.Y. Ct. App. 1999).

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Opinion

Judgments, Supreme Court, New York County (Martin Rettinger, J., at hearing; George Daniels, J., at pleas and sentences), rendered September 16, 1997, convicting defendant of robbery in the second degree, criminal possession of a weapon in the third degree and attempted assault in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 10 years, 2 to 4 years, and IV2 to 3 years, respectively, unanimously affirmed.

Defendant’s motion to suppress statements was properly denied. The record supports the hearing court’s finding that defendant’s initial refusal to speak to a particular detective was due to personal animosity and was not an unequivocal invocation of the right to remain silent (see, People v Coppin, 202 AD2d 279, lv denied 83 NY2d 966). Thus, defendant’s partially exculpatory statement to a second police officer was properly found to be admissible as the product of a valid waiver of his Miranda rights.

We perceive no abuse of sentencing discretion. Concur— Ellerin, P. J., Tom, Mazzarelli, Wallach and Lerner, JJ.

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Judgments, Supreme Court, New York County (Martin Rettinger, J., at hearing; George Daniels, J., at pleas and sentences), rendered September 16, 1997, convicting defendant of robbery in the second degree, criminal possession of a weapon in the third degree and attempted assault in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 10 years, 2 to 4 years, and IV2 to 3 years, respectively, unanimously affirmed.

Defendant’s motion to suppress statements was properly denied. The record supports the hearing court’s finding that defendant’s initial refusal to speak to a particular detective was due to personal animosity and was not an unequivocal invocation of the right to remain silent (see, People v Coppin, 202 AD2d 279, lv denied 83 NY2d 966). Thus, defendant’s partially exculpatory statement to a second police officer was properly found to be admissible as the product of a valid waiver of his Miranda rights.

We perceive no abuse of sentencing discretion. Concur— Ellerin, P. J., Tom, Mazzarelli, Wallach and Lerner, JJ.

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Bluebook (online)

264 A.D.2d 632, 696 N.Y.S.2d 11, 1999 N.Y. App. Div. LEXIS 9311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-felton-nyappdiv-1999.

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