People v. Wallace

120 Misc. 2d 295, 466 N.Y.S.2d 150, 1983 N.Y. Misc. LEXIS 3706
CourtNew York County Courts
DecidedJuly 29, 1983
StatusPublished
Cited by2 cases

This text of 120 Misc. 2d 295 (People v. Wallace) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Wallace, 120 Misc. 2d 295, 466 N.Y.S.2d 150, 1983 N.Y. Misc. LEXIS 3706 (N.Y. Super. Ct. 1983).

Opinion

OPINION OF THE COURT

Stuart Namm, J.

The defendant, Michael Wallace, has been charged in indictment number 3230-82 with one count of attempted murder in the second degree, one count of robbery in the first degree and two counts of attempted robbery in the first degree.

Prior to trial, defendant, contending that he was unlawfully arrested, moved to suppress a written confession and certain oral statements made by him to the police after his arrest, and certain physical evidence seized from him consisting of two false identification cards.

Defendant argues that the warrantless arrest for the New York crime by the San Diego police officer was unlawful and without probable cause; that the Suffolk County police traveled to California to interrogate the defendant although they lacked any arrest power in that State; and finally the California charge was merely a ruse, [296]*296since it was subsequently dismissed. Consequently, since the oral and written statements and the seized identification cards were the product of an unlawful arrest, suppression thereof is warranted. It is the defendant’s further contention that CPL 570.34, part of the Uniform Criminal Extradition Act (CPL art 570), requires that a formal charge be pending in the courts of another State before an out-of-State warrantless felony arrest can be made.

A hearing was conducted by the court and testimony was elicited from Suffolk County Detective Stephen Cleary and Officer Sherry Phillips of the San Diego Police Department. The officers’ testimony was substantially consistent and was credible. The defendant did not testify, nor did he present any witnesses in his behalf.

FINDINGS OF FACT

On September 16, 1981, at approximately 9:15 p.m., three individuals entered the Selmar Realty office and forcibly stole property from Barbara Periale and attempted to forcibly steal property from her employer, Joseph Can-fora, who was shot with a shotgun carried by one of the perpetrators.

Detective Cleary, a member of the robbery squad, was assigned to investigate the incident. Several hundred yards from the crime scene Detective Kafka recovered Polaroid photographs and undeveloped film which had fallen from the automobile used by the perpetrators in fleeing the scene after having struck a tree. Detective Cleary recognized the defendant as one of the individuals shown in the photographs since he had had prior dealings with the defendant’s family in Central Islip while assigned to the Third Precinct. He knew that the defendant was 6 feet, 4 inches or 6 feet, 5 inches in height.

Several of the witnesses to the events of September 16, 1981 interviewed by Detective Cleary described the masked shooter as an extremely tall, thin black male. Thereafter, the investigation focused on a Robert Lee Jones who was interviewed by Detective Cleary on December 4, 1981. Robert Lee Jones told him that he had participated in the robbery as a lookout along with his brother, Wesley Jones, and a third person known as “Prince,” the [297]*297defendant, Michael Wallace. Robert Lee Jones confirmed that they had struck a tree and items had fallen from the car. Detective Cleary testified that Robert Lee Jones was 5 feet, 3 inches in height and Wesley Jones was 5 feet, 8 inches or 5 feet, 9 inches tall.

A collect telephone call was received from Wesley Jones who was in jail after his arrest, in which he stated to the police: “I was there, but Michael Wallace shot the guy in the real estate.” The police actively searched for the defendant who had first fled to Queens County and was later believed living with a brother in San Diego, California.

After inquiring, Detective Cleary was informed by the San Diego Police Department that an individual fitting the description provided by the Suffolk County police was living in San Diego but was known by a name different than Michael Wallace. A photograph of the defendant was sent to the San Diego Police Department which confirmed the identity of the defendant.

On December 4,1982, Detectives Cleary and Lowth were detailed to San Diego to arrest the defendant. After a briefing by her superior officer and conversations with the Suffolk detectives, Officer Sherry Phillips, accompanied by Detectives Cleary and Lowth, was sent to arrest the defendant. Prior to the arrest, Officer Phillips was advised that the Suffolk County police were looking for a black male, 6 feet, 5 inches in height, known as Michael Wallace or “Prince”; that he was wanted for attempted murder and robbery in Suffolk County for the shooting of a victim; that negatives and photos found at the crime scene included photographs of the defendant; and that two other suspects had identified Wallace as a participant in the robbery including one who said Wallace was the shooter. The defendant was also a robbery suspect in San Diego.

Officer Phillips advised the two detectives that she would make the arrest since they lacked police powers in the State of California. After driving an undercover van through the defendant’s neighborhood, the defendant was spotted bouncing a basketball in the street. The van was parked and the defendant was approached by Officer Phillips dressed in civilian clothes and the two Suffolk County [298]*298detectives, likewise in civilian clothes, at approximately 2:20 p.m.

Displaying her “flash badge”, Officer Phillips identified herself to the defendant as a San Diego police officer, and after verifying that he was, in fact, Michael Wallace, advised him that he was under arrest for a robbery in San Diego and attempted murder in New York. At this point prior to being handcuffed arid transported to the precinct, or being advised of his Miranda rights, defendant stated to Detective Cleary, “What are you guys doing here?”, and said he was “glad it was over.” While en route to the precinct, the defendant was advised of his Miranda rights and warnings by Officer Phillips which she read to him from a printed form in her notebook. Defendant acknowledged that he understood such rights and voluntarily agreed to speak to the police in the absence of counsel. He was not questioned while being transported to the station house.

At the police station, defendant was uncuffed and placed in the captain’s office. After being booked and questioned briefly about the San Diego incident by Officer Phillips, he was asked by her if he would speak to the Suffolk County detectives, which he agreed to do. Although expressly informed by Officer Phillips that he did not have to do so, his response was: “sure I’ll talk to them. Why not!”

Defendant was questioned by the Suffolk County officers for a period of 30 or 40 minutes in the captain’s office, with the door ajar. Officer Phillips, positioned 5 feet to 10 feet outside the door, overheard “normal talking.” At 3:30 p.m. the defendant agreed to provide a written statement which took 50 minutes to an hour to prepare. Before signing the written statement, the defendant read it aloud in the presence of Detective Cleary, which Officer Phillips overheard. She then witnessed the defendant’s signature after asking him if he agreed with the accuracy of its contents, if it was altered, or if he felt he had to sign it. Defendant responded: “No, I just want to get this cleared up!” At the request of Detective Cleary, defendant placed his name and date on photographs of the crime scene which were exhibited to him.

[299]

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11 Mass. L. Rptr. 442 (Massachusetts Superior Court, 2000)
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Bluebook (online)
120 Misc. 2d 295, 466 N.Y.S.2d 150, 1983 N.Y. Misc. LEXIS 3706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wallace-nycountyct-1983.