Opinion
1059 KA 19-01453
12-23-2021
The PEOPLE of the State of New York, Respondent, v. Richard BROWN, Defendant-Appellant.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (THOMAS M. LEITH OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (THOMAS M. LEITH OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, criminal possession of a weapon in the second degree ( Penal Law § 265.03 [3] ). Contrary to defendant's contention, County Court properly determined that his statement at the precinct was attenuated from his allegedly illegal arrest (see United States v. Cobb , 182 F.3d 933, *3 [10th Cir. 1999] ; United States v. Edmondson , 791 F.2d 1512, 1515-1516 [11th Cir. 1986] ; People v. Bradford , 15 N.Y.3d 329, 333-334, 910 N.Y.S.2d 771, 937 N.E.2d 528 [2010] ; see also Rawlings v. Kentucky , 448 U.S. 98, 110, 100 S.Ct. 2556, 65 L.Ed.2d 633 [1980] ). The court thus properly refused to suppress that statement (see Bradford , 15 N.Y.3d at 333-334, 910 N.Y.S.2d 771, 937 N.E.2d 528 ).