Opinion
KA 99-1652
February 1, 2002.
Appeal from a judgment of Monroe County Court (Marks, J.), entered November 24, 1999, convicting defendant upon his plea of guilty of robbery in the first degree (four counts).
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (NANCY A. GILLIGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, BURNS, AND LAWTON, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his 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 suppression motion because he was arrested in violation of Payton v. New York ( 445 U.S. 573). We disagree. "Payton precludes the introduction of evidence obtained as the result of a warrantless, nonconsensual entry into a suspect's home in order to make an arrest" ( People v. Kozlowski, 69 N.Y.2d 761, 762, rearg denied 69 N.Y.2d 985). Here, defendant was not arrested at his home; rather, he voluntarily consented to be transported to the police station for questioning. Consequently, there was no Payton violation ( see, People v. Keller, 148 A.D.2d 958, 959-960, lv denied 73 N.Y.2d 1017).