Opinion
425 Ind. No. 4972/17 Case No. 2018–5787
06-08-2023
The PEOPLE of the State of New York, Respondent, v. Khalia SHUMAN, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Jamie Masten of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Jamie Masten of counsel), for respondent.
Webber, J.P., Gonza´lez, Rodriguez, Pitt–Burke, JJ.
Judgment, Supreme Court, New York County (Abraham L. Clott, J.), rendered May 31, 2018, convicting defendant, upon her plea of guilty, of criminal possession of a forged instrument in the second degree, and sentencing her to three years' probation, unanimously affirmed.
The court properly denied the portion of defendant's suppression motion that sought a hearing under Dunaway v. New York , 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979) concerning the legality of the arrest that led to defendant's statements. The information provided to defendant explained, in detail, the basis for her arrest for crimes involving forged checks, committed on three occasions (see e.g. People v. Cartwright, 65 A.D.3d 973, 885 N.Y.S.2d 414 [1st Dept. 2009], lv denied 13 N.Y.3d 937, 895 N.Y.S.2d 328, 922 N.E.2d 917 [2010] ). In her suppression motion, defendant only claimed to have engaged in lawful conduct immediately before her seizure without reference to the People's stated predicate for the arrest, and she did not assert any basis for suppression or raise a factual dispute requiring a hearing (see People v. Jones, 95 N.Y.2d 721, 728–729, 723 N.Y.S.2d 761, 746 N.E.2d 1053 [2001] ).