Opinion
05-10-2016
The PEOPLE of the State of New York, Respondent, v. Lloyd FARQUHARSON, Jr., Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Clara H. Salzberg of counsel), respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Clara H. Salzberg of counsel), respondent.
Judgment, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), rendered November 24, 2009, convicting defendant, after a jury trial, of burglary in the first degree, and sentencing him, as a second violent felony offender, to a term of 20 years, unanimously affirmed.
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 credibility determinations. The evidence supports the inference that defendant intended to commit a crime at the time he entered the victim's apartment, particularly given that defendant immediately demanded money while displaying a knife. The jury could have readily rejected defendant's implausible statements regarding his intent at the time of the entry.
The court properly denied suppression of defendant's videotaped statement, as it was sufficiently attenuated from a warrantless arrest made in violation of Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) and from prior suppressed statements (see People v. Harris, 77 N.Y.2d 434, 568 N.Y.S.2d 702, 570 N.E.2d 1051 [1991] ). The record supports the court's finding (24 Misc.3d 1232[A], 2009 N.Y. Slip Op. 51711[U], *7, 2009 WL 2423455 ) that the passage of many hours and the other intervening events supporting a finding of attenuation outweighed the contrary factors cited by defendant. We perceive no basis for reducing the sentence.
FRIEDMAN, J.P., ACOSTA, MOSKOWITZ, KAPNICK, GESMER, JJ., concur.