People v. Lovely

Appellate Division of the Supreme Court of New York

People v. Lovely

2017 NY Slip Op 7571, 154 A.D.3d 635, 62 N.Y.S.3d 795

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

DecidedOctober 31, 2017

Docket4841 5707/13

StatusPublished

This text of 2017 NY Slip Op 7571 (People v. Lovely) 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. Lovely, 2017 NY Slip Op 7571, 154 A.D.3d 635, 62 N.Y.S.3d 795 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 6, 2015, as amended February 17, 2015, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 4V2 years, unanimously affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, we find that the court properly denied defendant’s suppression motion. The stop of defendant’s van was lawful even though one of the two bases for the stop mentioned in the officers’ hearing testimony constituted an objectively reasonable mistake of law (see People v Guthrie, 25 NY3d 130, 138 [2015]), and defendant’s remaining suppression arguments are unavailing.

Regardless of the effect of defendant’s waiver of the right to appeal, defendant failed to preserve his claim that his out-of-state conviction was not the equivalent of a New York felony, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits (see People v Santiago, 143 AD3d 545 [1st Dept 2016], lv denied 28 NY3d 1127 [2016]; People v West, 58 AD3d 483 [1st Dept 2009], lv denied 12 NY3d 822 [2009]).

Concur — Richter, J.R, Webber, Kern and Moulton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 6, 2015, as amended February 17, 2015, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 4V2 years, unanimously affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, we find that the court properly denied defendant’s suppression motion. The stop of defendant’s van was lawful even though one of the two bases for the stop mentioned in the officers’ hearing testimony constituted an objectively reasonable mistake of law (see People v Guthrie, 25 NY3d 130, 138 [2015]), and defendant’s remaining suppression arguments are unavailing.

Regardless of the effect of defendant’s waiver of the right to appeal, defendant failed to preserve his claim that his out-of-state conviction was not the equivalent of a New York felony, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits (see People v Santiago, 143 AD3d 545 [1st Dept 2016], lv denied 28 NY3d 1127 [2016]; People v West, 58 AD3d 483 [1st Dept 2009], lv denied 12 NY3d 822 [2009]).

Concur — Richter, J.R, Webber, Kern and Moulton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 7571, 154 A.D.3d 635, 62 N.Y.S.3d 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lovely-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack