People v. Paige

Appellate Division of the Supreme Court of New York

People v. Paige

2017 NY Slip Op 6893, 154 A.D.3d 415, 60 N.Y.S.3d 816, 2017 N.Y. App. Div. LEXIS 6888

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

DecidedOctober 3, 2017

Docket4558 3918/11

StatusPublished

This text of 2017 NY Slip Op 6893 (People v. Paige) 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. Paige, 2017 NY Slip Op 6893, 154 A.D.3d 415, 60 N.Y.S.3d 816, 2017 N.Y. App. Div. LEXIS 6888 (N.Y. Ct. App. 2017).

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Opinion

Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered March 22, 2013, as amended April 11, 2013, convicting defendant, upon his plea of guilty, of two counts of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 12 years to life, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses review of his suppression claim. The court’s oral colloquy with defendant concerning the waiver, which carefully separated the right to appeal from the rights normally forfeited upon a guilty plea, met or exceeded the minimum standards for such a colloquy (see People v Bryant, 28 NY3d 1094 [2016]). Furthermore, it was supplemented by a detailed written waiver, which defendant plainly understood notwithstanding his previous, patently false claim of illiteracy.

Regardless of whether defendant made a valid waiver of his right to appeal, we find that the court properly denied his suppression motion. The officers’ stop of defendant was based on a description of a robber that was sufficiently specific to provide reasonable suspicion, given the spatial and temporal proximity between the robbery and the police encounter.

Concur— Sweeny, J.R, Moskowitz, Kahn and Gesmer, JJ.

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Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered March 22, 2013, as amended April 11, 2013, convicting defendant, upon his plea of guilty, of two counts of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 12 years to life, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses review of his suppression claim. The court’s oral colloquy with defendant concerning the waiver, which carefully separated the right to appeal from the rights normally forfeited upon a guilty plea, met or exceeded the minimum standards for such a colloquy (see People v Bryant, 28 NY3d 1094 [2016]). Furthermore, it was supplemented by a detailed written waiver, which defendant plainly understood notwithstanding his previous, patently false claim of illiteracy.

Regardless of whether defendant made a valid waiver of his right to appeal, we find that the court properly denied his suppression motion. The officers’ stop of defendant was based on a description of a robber that was sufficiently specific to provide reasonable suspicion, given the spatial and temporal proximity between the robbery and the police encounter.

Concur— Sweeny, J.R, Moskowitz, Kahn and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 6893, 154 A.D.3d 415, 60 N.Y.S.3d 816, 2017 N.Y. App. Div. LEXIS 6888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-paige-nyappdiv-2017.

Opinion

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