From Casetext: Smarter Legal Research

People v. Felton

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1997
238 A.D.2d 288 (N.Y. App. Div. 1997)

Opinion

April 29, 1997


Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered on May 18, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 23 years to life, unanimously affirmed.

Defendant's motion to suppress physical evidence and statements was properly denied. We agree with the hearing court that defendant voluntarily accompanied the police to the station. Defendant's current argument that, after initial interrogation, he was unlawfully confined to a holding cell is unpreserved and without merit. In any event, even if we were to find that defendant was unlawfully confined, we would conclude that the physical evidence was not a fruit of such illegality, because defendant voluntarily agreed to surrender the clothing articles for blood testing prior to the time he was placed in the cell, and we would likewise conclude that none of his incriminating statements was a fruit of such illegality, because the first incriminating statement (which clearly established probable cause for detention), was purely spontaneous ( People v. Johnson, 216 A.D.2d 185, 187).

We perceive no abuse of sentencing discretion.

Concur — Milonas, J.P., Ellerin, Nardelli and Williams, JJ.


Summaries of

People v. Felton

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1997
238 A.D.2d 288 (N.Y. App. Div. 1997)
Case details for

People v. Felton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY FELTON, Appellant

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

Date published: Apr 29, 1997

Citations

238 A.D.2d 288 (N.Y. App. Div. 1997)
657 N.Y.S.2d 597

Citing Cases

People v. Sprague

v. Acquaah, 167 A.D.2d 313, 315, lv denied 78 N.Y.2d 961; People v. Lewis, 152 A.D.2d 600; People v.…

People v. J.M.

To be sure, sometimes spontaneous statements are not treated as the fruit of an illegal arrest. E.g., People…