Opinion
10664 Ind. 5508/12
12-26-2019
The PEOPLE of the State of New York, Respondent, v. Joseph TAYLOR, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (William B. Carney of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (William B. Carney of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Friedman, J.P., Webber, Kern, Moulton, JJ.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered March 2, 2015, convicting defendant, after a jury trial, of attempted murder in the second degree and assault in the first degree, and sentencing him, as a second felony offender, to an aggregate term of 20 years, unanimously affirmed.
The court properly denied defendant's suppression motion. The record supports the hearing court's finding that a statement made by defendant was spontaneous and not the product of interrogation requiring Miranda warnings. The officer's sudden exclamation upon discovering that he had gotten blood on his hands after touching defendant's clothing was not the functional equivalent of interrogation (see Rhode Island v. Innis, 446 U.S. 291, 300–301, 100 S.Ct. 1682, 64 L.Ed.2d 297 [1980] ).
Defendant failed to preserve, or expressly waived, his present claim that he was stopped without reasonable suspicion, and the court "did not expressly decide, in response to protest, the issue[ ] now raised on appeal" ( People v. Miranda, 27 N.Y.3d 931, 932, 30 N.Y.S.3d 600, 50 N.E.3d 224 [2016] ). Furthermore, the People were not placed on notice of the need to develop the hearing record as to the particular point raised on appeal (see People v. Martin, 50 N.Y.2d 1029, 431 N.Y.S.2d 689, 409 N.E.2d 1363 [1980] ; People v. Tutt, 38 N.Y.2d 1011, 384 N.Y.S.2d 444, 348 N.E.2d 920 [1976] ). We decline to review this unpreserved issue in the interest of justice. As an alternative holding, we find that to the extent it permits review, the record supports a finding of reasonable suspicion.
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's determinations concerning credibility and identification.