People v. Cahill
| Decision Date | 16 October 1995 |
| Citation | 632 N.Y.S.2d 225,220 A.D.2d 608 |
| Parties | The PEOPLE, etc., Respondent, v. Robert CAHILL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Virginia Boccio, Wantagh, for appellant.
Denis Dillon, District Attorney, Mineola (Peter A. Weinstein and Bruce E. Whitney, of counsel), for respondent.
Before SULLIVAN, J.P., and O'BRIEN, COPERTINO and KRAUSMAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered March 9, 1992, convicting him of murder in the second degree (two counts), burglary in the first degree (two counts), criminal possession of a weapon in the second degree, and attempted assault in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements made by the defendant to law enforcement officials.
ORDERED that the judgment is affirmed.
The defendant's contention that the warrantless arrest in his home was unlawful, and therefore his statements and certain physical evidence should have been suppressed, is without merit. Although it is true that "[a] warrantless arrest in a suspect's home or a place in which he has a reasonable expectation of privacy is prohibited absent exigent circumstances or consent" (People v. Long, 124 A.D.2d 1016, 1017, 508 N.Y.S.2d 774; People v. Wells, 143 A.D.2d 708, 709, 532 N.Y.S.2d 877), once the defendant stepped into a public hallway, the police had the right to make the warrantless arrest (see, People v. Jacobo, 208 A.D.2d 432, 617 N.Y.S.2d 457; People v. Siler, 197 A.D.2d 842, 843, 602 N.Y.S.2d 256; People v. Lopez, 134 A.D.2d 456, 521 N.Y.S.2d 78). The arrest was not rendered improper when the defendant voluntarily went back into his private residence (see, People v. Jacobo, supra; People v. Lopez, supra ).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5] ).
The defendant contends that the court's charge with respect to the presumption of innocence may have conveyed to the jury an impression that the court had already...
To continue reading
Request your trial
-
People v. McNear
...error in the charge (see, CPL 470.05 ). In any event, the charge as a whole conveyed the proper standard (see, People v. Cahill, 220 A.D.2d 608, 632 N.Y.S.2d 225, lv. denied 87 N.Y.2d 920, 641 N.Y.S.2d 602, 664 N.E.2d 513). Defendant further contends that the prosecutor's improper comments ......
-
People v. Henderson
...of innocence is not preserved for appellate review (see, People v. Williams, 226 A.D.2d 406, 640 N.Y.S.2d 585; People v. Cahill, 220 A.D.2d 608, 632 N.Y.S.2d 225). In any event, the defendant's argument is without merit. The trial court properly instructed the jury in detail that the prosec......
-
People v. David
...(see, People v. Henderson, 259 A.D.2d 495, 684 N.Y.S.2d 797; People v. Williams, 226 A.D.2d 406, 640 N.Y.S.2d 585; People v. Cahill, 220 A.D.2d 608, 632 N.Y.S.2d 225). In any event, the defendant's argument is without merit. The trial court properly instructed the jury in detail that the Pe......
-
People v. Linares
...(see CPL 470.05[2] ; People v. Robinson, 88 N.Y.2d 1001, 1001–1002 [1996] ; People v. Smith, 276 A.D.2d 810 [2000] ; People v. Cahill, 220 A.D.2d 608 [1995] ). In any event, defendant's argument lacks merit since, when viewed as a whole, the court's charge was proper (see People v. Henderso......