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People v. Taylor

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2003
302 A.D.2d 868 (N.Y. App. Div. 2003)

Opinion

KA 00-01830

February 7, 2003.

Appeal from a judgment of Erie County Court (McCarthy, J.), entered July 25, 2000, convicting defendant upon his plea of guilty of murder in the second degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DON I. DALLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PIGOTT, JR., P.J., PINE, WISNER, KEHOE, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25) for the stabbing death of his girlfriend, defendant contends that his general waiver of the right to appeal does not encompass County Court's suppression ruling. We reject that contention (see generally People v. Kemp, 94 N.Y.2d 831, 833). In any event, the record supports the court's determination that the statements of defendant to the police before he received Miranda warnings were spontaneous and not the result of police interrogation or its functional equivalent (see People v. Engert, 263 A.D.2d 959, lv denied 93 N.Y.2d 1017). The question asked by the police concerning the location of the murder weapon falls within the public safety exception to the Miranda rule, inasmuch as it was "reasonably prompted by a concern to secure the safety of the investigating officers * * * and was not solely motivated for the purpose of eliciting testimonial evidence" (People v. Ingram, 177 A.D.2d 650, 651, lv denied 79 N.Y.2d 858). The record also supports the court's determination that defendant thereafter knowingly and voluntarily waived his Miranda rights (see People v. Williams, 62 N.Y.2d 285, 287; see also Engert, 263 A.D.2d 959). The waiver by defendant of the right to appeal encompasses his further contention concerning the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737).


Summaries of

People v. Taylor

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2003
302 A.D.2d 868 (N.Y. App. Div. 2003)
Case details for

People v. Taylor

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ALLEN E. TAYLOR…

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

Date published: Feb 7, 2003

Citations

302 A.D.2d 868 (N.Y. App. Div. 2003)
754 N.Y.S.2d 480

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