From Casetext: Smarter Legal Research

People v. Lewis

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 775 (N.Y. App. Div. 1991)

Opinion

April 22, 1991

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, his confession was properly ruled admissible as there was no illegality in the procedures employed by police to effectuate his arrest. The police clearly had probable cause to arrest based upon the identification provided by the complainant who knew the defendant from prior business dealings and who identified the defendant's photograph, thus confirming his identification (see, People v Mitchell, 170 A.D.2d 542). Indeed, it is well settled that information provided by an identified citizen accusing another identified individual of committing a specified crime provides the police with probable cause to arrest (see, People v. Banks, 151 A.D.2d 491; see also, People v. Williams, 159 A.D.2d 743; People v. Brown, 146 A.D.2d 793).

Thereafter, possessing the requisite probable cause, the police acted upon information that the defendant could be found inside a specific hotel room (see, People v. Crews, 162 A.D.2d 462). Upon knocking on this hotel room door, the defendant exited his room and stepped out into the hall. There, he had no reasonable expectation of privacy and hence, a valid warrantless arrest was effectuated (see, People v. Minley, 68 N.Y.2d 952; People v Marzan, 161 A.D.2d 416; People v. Proctor, 151 A.D.2d 788; People v. Anderson, 146 A.D.2d 638; People v. Brown, 144 A.D.2d 975). The resulting confession was thus not the product of an illegal arrest.

Nor was the defendant's confession subject to suppression as having been involuntarily obtained. The record demonstrates that after his arrest, the defendant was twice advised of his constitutional rights, which he waived. He voluntarily spoke with detectives and an Assistant District Attorney during periods of interrogation conducted during a span of approximately 10 hours. At no time did he request the assistance of counsel, nor did he request that the questioning cease. Accordingly, the court correctly determined that the videotaped confession was properly admissible (see, People v. Stackhouse, 160 A.D.2d 822; People v Ates, 157 A.D.2d 786).

We have reviewed the defendant's remaining contentions and find them to be without merit. Sullivan, J.P., Eiber, Miller and Ritter, JJ., concur.


Summaries of

People v. Lewis

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 775 (N.Y. App. Div. 1991)
Case details for

People v. Lewis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STACY LEWIS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1991

Citations

172 A.D.2d 775 (N.Y. App. Div. 1991)

Citing Cases

People v. Siler

There is no merit to the contention that, because defendant's warrantless arrest was unlawful under Payton v.…

People v. Pate

The police clearly had probable cause to arrest the defendant based upon information provided by a local cab…