People v. Baggett

• Decision Date: 11 December 2008
• Docket Number: 100096.
• Citation: 57 A.D.3d 1093,868 N.Y.S.2d 423,2008 NY Slip Op 09659
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AVANTE BAGGETT, Appellant.
• Court: New York Supreme Court — Appellate Division

57 A.D.3d 1093

868 N.Y.S.2d 423

2008 NY Slip Op 09659

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AVANTE BAGGETT, Appellant.

100096.

Appellate Division of the Supreme Court of New York, Third Department.

December 11, 2008.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered September 7, 2005, upon a verdict convicting defendant of the crimes of burglary in the second degree (five counts) and grand larceny in the fourth degree (two counts).

KANE, J.

Defendant was charged in connection with several burglaries. After County Court denied his motion to suppress four written statements and one audio recording wherein he admitted to these crimes, a jury convicted defendant of burglary in the second degree (five counts) and grand larceny in the fourth degree (two counts). Defendant was sentenced to prison terms of 7½ years on each burglary conviction and 1 1/3 to 4 years on each grand larceny conviction, all sentences to run concurrently. He now appeals.

Defendant's main argument urging suppression is that his first incriminating statement was made in response to police questioning prior to the administration of Miranda warnings, and that all further statements were tainted by this allegedly improper questioning. Miranda warnings are required when a suspect is subject to custodial interrogation (see People v Paulman, 5 NY3d 122, 129 [2005]; People v Berg, 92 NY2d 701, 704 [1999]). To determine if a person was in custody, courts must evaluate the circumstances and decide "whether a reasonable person innocent of any wrongdoing would have believed that he or she was not free to leave" at the time that the statement was made (People v Paulman, 5 NY3d at 129; see People v Burry, 52 AD3d 856, 859 [2008], lv dismissed 10 NY3d 956 [2008]). The People bore the initial burden of proving beyond a reasonable doubt that defendant's statements were voluntary (see People v Rosa, 65 NY2d 380, 386 [1985]; People v Huntley, 15 NY2d 72, 78 [1965]). Here, this required proof that defendant was not subjected to custodial interrogation before Miranda warnings were administered.

Even giving deference to the suppression court's credibility determinations (see People v Ward, 42 AD3d 579, 580 [2007], lv denied 9 NY3d 883 [2007]; People v Langenbach, 38 AD3d 1105, 1105 [2007], lv denied 9 NY3d 866 [2007]), the People did not meet their burden. A reasonable, innocent person would not have felt free to leave at the time that defendant made his first incriminating statement. According to the hearing testimony credited by County Court, shortly after midnight a police car with its lights on pulled over the car that defendant was riding in, despite the driver not having committed any traffic violations. Defendant was asked to exit the vehicle and accompany the officers to the police station, while his ride was sent on its way. Defendant was not handcuffed, but was transported in a marked police car.^* At the station, he was placed in an interview room, where he sat for a period of time before being questioned. The door was closed when questioning ensued. An officer told defendant what information they had, including an accusation against defendant by his associate. After defendant denied having stolen anything, the police continued to question him. According to one police officer, when he inquired what defendant's friend would say about a particular stolen bicycle, defendant "eventually admitted to it . . . [t]o taking the bike." At that time, questioning ceased and did not resume until after Miranda warnings were administered at 2:17 A.M.

The questions which led defendant to make his first admission were accusatory in nature, rather than merely investigatory, and were designed to elicit an incriminating response (see People v Payne, 41 AD3d 512, 513 [2007], lv denied 10 NY3d 814 [2008]; People v Vachet, 5 AD3d 700, 701-702 [2004], lv denied 3 NY3d 649 [2004]; People v Hardy, 223 AD2d 839, 841 [1996]). Considering the circumstances from defendant's initial interaction with the police through the accusatory questioning that led to his first admission, an innocent person would not have felt free to leave even prior to that admission (see People v Paulman, 5 NY3d at 129; People v Payne, 41 AD3d at 513-514; People v Vachet, 5 AD3d at 702). Thus, defendant was subjected to custodial interrogation when he made his first incriminating...