People v. Phillips

277 A.D.2d 816, 715 N.Y.S.2d 793, 2000 N.Y. App. Div. LEXIS 12373
Appellate Division of the Supreme Court of the State of New York·Decided November 28, 2000·Published·Cited by 2 cases

Opinion

Graffeo, J.

Appeal from a judgment of the County Court of Warren County (Moynihan, Jr., J.), rendered December 2, 1998, upon a verdict convicting defendant of the crime of criminal possession of a controlled substance in the third degree.

On appeal from his conviction after a jury trial, defendant asserts that County Court erred in allowing the admission of several statements he made to police following his arrest and that the indictment should have been dismissed on speedy trial grounds. We disagree with both contentions.

As defendant’s challenge to the admissibility of statements he made during custodial interrogation is directed at the circumstances surrounding the questioning and not at the propriety of the events leading up to his arrest, we focus our attention on the relevant evidence adduced at the suppression hearing. The police officers who arrested and interrogated defendant testified as follows. After defendant, a passenger in an automobile subjected to a motor vehicle stop, was found to be in possession of marihuana, a small bag of a white substance later determined to be six grams of heroin and $1,500, he was arrested and transported to a State Police barracks for processing. Miranda warnings were administered and defendant was asked to identify the white substance discovered on his person. He responded that it was “china white,” apparently a reference to a type of heroin. Defendant was then questioned further by another investigator after Miranda warnings were issued a second time. In the course of this interrogation, defendant indicated that he purchased the heroin in the City of Albany for $700 and intended to trade it for marihuana. When asked whether he was employed, defendant responded that he was engaged in the “wholesale-retail” business. He later stated that the other bag found on his person contained “weed.” During this questioning, defendant did not request an attorney.

As defendant failed to offer evidence supporting a different version of the events, the suppression court credited the police officers’ testimony, finding that there was no indication of impropriety and, as such, defendant’s statements were admissible. On this appeal, defendant contends that County Court erred because his remarks to police were not “spontaneous” [817]*817but were elicited in the course of interrogation. As it is undisputed that defendant was apprised of his constitutional rights before the questioning at issue and that he never requested an attorney, and there being no proof of undue coercion or other misconduct, “[t]he record offers no basis upon which to conclude that defendant’s statement [s] to the police [were] anything but voluntary after a knowing, voluntary and intelligent waiver of his constitutional rights” (People v Thomas, 273 AD2d 606, 607, lv denied 95 NY2d 872; see, GPL 60.45). Accordingly, we find that the statements were properly admitted at trial.

Similarly, although almost 10 months elapsed between defendant’s arrest and the People’s statement of readiness to proceed to trial, we reject defendant’s assertion that the indictment should have been dismissed on speedy trial grounds. Following his arrest on May 16, 1997, defendant was charged by information with unlawful possession of marihuana and criminal possession of a controlled substance in the third degree. A preliminary hearing was conducted on May 30, 1997 and the case was bound over for action by the Grand Jury. Bail was set but defendant was apparently unable to post a bond and remained incarcerated throughout the proceedings.

Defendant was assigned counsel soon after his arrest but he quickly expressed dissatisfaction with his first attorney and a second was appointed. Alleging that he had witnessed defendant engaging in erratic behavior, his attorney petitioned County Court in June 1997 for a GPL article 730 competency examination. As the matter was then scheduled to be presented to the Grand Jury the following month, defense counsel requested in writing that the prosecutor defer the presentment, expressly waiving defendant’s speedy trial rights.

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People v. Phillips, 277 A.D.2d 816, 715 N.Y.S.2d 793, 2000 N.Y. App. Div. LEXIS 12373 (N.Y. Ct. App. 2000).

277 A.D.2d 816 (People v. Phillips) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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