From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 618 (N.Y. App. Div. 1988)

Opinion

July 5, 1988

Appeal from the County Court, Suffolk County (Floyd, J.).


Ordered that the judgment is affirmed.

The defendant contends that the court should have suppressed his statements to a police detective in which he admitted entering a girls' cottage on the grounds of the Little Flower Children's Services campus (hereinafter Little Flower) and having sexual contact with one of the children. The evidence adduced at the hearing amply supports the determination that the defendant was given the Miranda warnings and waived his rights prior to making the statement. Furthermore, there is no basis in the record to reverse the finding that the statements were voluntary (see, People v. Gee, 104 A.D.2d 561).

We also find no basis in the record to disturb the hearing court's determination that a showup identification of the defendant on the Little Flower grounds was not unduly suggestive. The defendant had surrendered to security personnel on the grounds shortly after the incident, and the showup provided a prompt, reliable means to secure an identification while the witnesses' memories were still fresh (see, People v. Hicks, 68 N.Y.2d 234; People v. Thompson, 129 A.D.2d 655; People v. Gilliard, 116 A.D.2d 657, lv denied 67 N.Y.2d 943). In any event, the evidence presented by the People established that there was a reliable independent source for each witness's identification of the defendant.

The defendant further contends that the court should not have accepted his plea of guilty. Any issue with respect to the adequacy of the plea allocution is not preserved for appellate review since the defendant failed to move to withdraw his plea before sentence was imposed or to vacate the judgment under CPL 440.10 (see, People v. Pellegrino, 60 N.Y.2d 636; People v Pascale, 48 N.Y.2d 997; People v. Casolino, 106 A.D.2d 394). A reversal is not warranted in the interest of justice since the record reveals that the defendant knowingly and voluntarily pleaded guilty (see, People v. Harris, 61 N.Y.2d 9).

We find the defendant's remaining contentions to be without merit. Mangano, J.P., Bracken, Brown and Kunzeman, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 618 (N.Y. App. Div. 1988)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN MARTIN SMITH…

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

Date published: Jul 5, 1988

Citations

142 A.D.2d 618 (N.Y. App. Div. 1988)