From Casetext: Smarter Legal Research

PEOPLE v. LUGO [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 957 (N.Y. App. Div. 2001)

Opinion

March 21, 2001.

Appeal from Judgment of Monroe County Court, Marks, J. — Robbery, 1st Degree.

BEFORE: PINE, J. P., HAYES, HURLBUTT, SCUDDER AND LAWTON, JJ.


Judgment unanimously affirmed. Memorandum:

On appeal from a judgment convicting him upon a plea of guilty of four counts of robbery in the first degree (Penal Law § 160.15), defendant contends that County Court erred in denying his motion to suppress his statements to the police because they were not voluntarily made. We disagree ( see, People v. Anthony, 24 N.Y.2d 696, 701-702). Defendant's further contention that the statements should have been suppressed because they were illegally taken without an arrest warrant and without probable cause ( see, Payton v. New York, 445 U.S. 573, 576; Dunaway v. New York, 442 U.S. 200, 216-217) is not preserved for our review ( see, CPL 470.05). The sentence is neither unduly harsh nor severe.


Summaries of

PEOPLE v. LUGO [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2001
281 A.D.2d 957 (N.Y. App. Div. 2001)
Case details for

PEOPLE v. LUGO [4th Dept 2001

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JOSE LUGO…

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

Date published: Mar 21, 2001

Citations

281 A.D.2d 957 (N.Y. App. Div. 2001)
722 N.Y.S.2d 210

Citing Cases

People v. Hyla

On appeal from a judgment convicting him upon his plea of guilty of burglary in the first degree (Penal Law §…

People v. Crouch

On appeal, he makes yet a third argument, conceding that the stop was lawful and instead contending that his…