People v. Yancey

2 Citing cases

  1. People v. Bracy

    2015 N.Y. Slip Op. 6514 (N.Y. App. Div. 2015)

    However, to the extent that the defendant contends that the Supreme Court erred in failing to hold a hearing to explore the legitimacy of the basis for his new arrest, the contention is unpreserved for appellate review, as he never requested such a hearing (see People v Cousar, 128 AD3d 716; People v Stafford, 115 AD3d 683; People v Bradshaw, 105 AD3d 758; People v Kitchens, 46 AD3d 577). In any event, the defendant's contention is without merit, as no formal hearing was required, and the court conducted a sufficient inquiry and properly relied on the indictment of the defendant on the new charges in determining the legitimacy of the arrest (see People v Outley, 80 NY2d 702, 712-714; People v Ricketts, 27 AD3d 488; People v Coleman, 266 AD2d 227; People v Yancey, 247 AD2d 561; People v Ruffin, 208 AD2d 657). In this regard, although the defendant was afforded ample opportunity to address the validity of the basis for the new arrest, he presented nothing but vague, conclusory, and speculative assertions concerning the new charges.

  2. People v. Bracy

    131 A.D.3d 538 (N.Y. App. Div. 2015)   Cited 11 times

    However, to the extent that the defendant contends that the Supreme Court erred in failing to hold a hearing to explore the legitimacy of the basis for his new arrest, the contention is unpreserved for appellate review, as he never requested such a hearing (see People v. Cousar, 128 A.D.3d 716, 9 N.Y.S.3d 96 ; People v. Stafford, 115 A.D.3d 683, 981 N.Y.S.2d 566 ; People v. Bradshaw, 105 A.D.3d 758, 961 N.Y.S.2d 797 ; People v. Kitchens, 46 A.D.3d 577, 846 N.Y.S.2d 625 ). In any event, the defendant's contention is without merit, as no formal hearing was required, and the court conducted a sufficient inquiry and properly relied on the indictment of the defendant on the new charges in determining the legitimacy of the arrest (see People v. Outley, 80 N.Y.2d 702, 712–714, 594 N.Y.S.2d 683, 610 N.E.2d 356 ; People v. Ricketts, 27 A.D.3d 488, 811 N.Y.S.2d 103 ; People v. Coleman, 266 A.D.2d 227, 697 N.Y.S.2d 683 ; People v. Yancey, 247 A.D.2d 561, 668 N.Y.S.2d 481 ; People v. Ruffin, 208 A.D.2d 657, 617 N.Y.S.2d 333 ). In this regard, although the defendant was afforded ample opportunity to address the validity of the basis for the new arrest, he presented nothing but vague, conclusory, and speculative assertions concerning the new charges.