Opinion
06-20-2017
The PEOPLE of the State of New York, Respondent, v. Lataya DAVIS, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Meaghan L. Powers of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Meaghan L. Powers of counsel), for respondent.
FRIEDMAN, J.P., RICHTER, MOSKOWITZ, GISCHE, KAPNICK, JJ.
Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered September 13, 2012, convicting defendant, upon her plea of guilty, of criminal possession of a weapon in the third degree, and sentencing her, as a second felony offender, to a term of three to six years, unanimously affirmed.
Defendant did not make a valid waiver of her right to appeal (see People v. Powell, 140 A.D.3d 401, 30 N.Y.S.3d 873 [1st Dept.2016], lv. denied 28 N.Y.3d 1074, 47 N.Y.S.3d 233, 69 N.E.3d 1029 [2016] ; People v. Santiago, 119 A.D.3d 484, 990 N.Y.S.2d 494 [1st Dept.2014], lv. denied 24 N.Y.3d 964, 996 N.Y.S.2d 223, 20 N.E.3d 1003 [2014] ). However, we find that the court properly denied defendant's suppression motion.
There is no basis for disturbing the hearing court's credibility determinations. The police encounter with defendant, which led to probable cause for her arrest, was not a seizure requiring reasonable suspicion, notwithstanding that it involved a direction to stop (see People v. Reyes, 83 N.Y.2d 945, 615 N.Y.S.2d 316, 638 N.E.2d 961 [1994], cert. denied 513 U.S. 991, 115 S.Ct. 492, 130 L.Ed.2d 403 [1994] ; People v. Bora, 83 N.Y.2d 531, 535–536, 611 N.Y.S.2d 796, 634 N.E.2d 168 [1994] ), and some incidental physical contact (see People v. Francois, 61 A.D.3d 524, 877 N.Y.S.2d 54 [1st Dept.2009], affd. 14 N.Y.3d 732, 896 N.Y.S.2d 300, 923 N.E.2d 583 [2010] ). Defendant did not preserve her claim that the police unlawfully searched her bag after her arrest, and we decline to review it in the interest of justice.