People v. Dawson
| Citation | 672 N.Y.S.2d 203,249 A.D.2d 977 |
| Parties | , 1998 N.Y. Slip Op. 4016 PEOPLE of the State of New York, Respondent, v. Deon DAWSON, Appellant. |
| Decision Date | 29 April 1998 |
| Court | New York Supreme Court Appellate Division |
Garry Stephen Hanlon, Rochester, for Appellant.
Howard R. Relin by Robert Mastrocola, Rochester, for Respondent.
Before GREEN, J.P., and WISNER, PIGOTT, BALIO and FALLON, JJ.
Following a jury trial, defendant was convicted of two counts each of murder in the second degree (Penal Law §§ 20.00, 125.25[3] ), kidnapping in the first degree (Penal Law §§ 20.00, 135.25[3] ) and robbery in the first degree (Penal Law §§ 20.00, 160.15[4] ). The charges arose out of defendant's participation with three other teenagers in the abduction, robbery and fatal shooting of two victims on September 18, 1994 in Rochester (see, People v. Douglas, 248 A.D.2d 977, 669 N.Y.S.2d 456). Following his commission of the crimes, defendant fled to the home of his grandmother in Cocoa, Florida. At the request of the Rochester Police Department, defendant was interviewed by members of the Cocoa Police Department. Defendant made statements implicating himself in the crimes. Two Rochester police officers traveled to Florida and interviewed defendant on the following day and obtained incriminating statements from him.
Defendant's statements to the police were properly admitted into evidence. The record supports the conclusions of County Court that defendant was not in custody when he was interviewed by a captain of the Cocoa Police Department and that he was given Miranda warnings and freely and voluntarily waived them. Defendant's statements to Rochester police officers in Florida were not obtained in violation of defendant's right to counsel. The record likewise supports the court's conclusion that the arrest warrant was not obtained until after defendant made the statements; therefore, defendant's indelible right to counsel had not yet attached at the time the statements were made. The execution of a search warrant at defendant's residence did not trigger defendant's indelible right to counsel (see, People v. Smith, 234 A.D.2d 946, 652 N.Y.S.2d 440, lv. denied 89 N.Y.2d 1041, 659 N.Y.S.2d 872, 681 N.E.2d 1319).
The testimony of Robert Orr, defendant's accomplice as a matter of law, was adequately corroborated by defendant's admissions (see, People v. Burgin, 40 N.Y.2d 953, 954, 390 N.Y.S.2d 410, 358 N.E.2d 1035; People v. White, 147 A.D.2d 967, 537 N.Y.S.2d...
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...all of the claims in the present petition. The Appellate Division, Fourth Department affirmed the conviction. People v. Dawson, 249 A.D.2d 977, 672 N.Y.S.2d 203 (4th Dept.1998). Dawson applied for leave to appeal to the New York Court of Appeals, which denied the application. People v. Daws......
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...defendant's admissions to the police ( see People v. Burgin, 40 N.Y.2d 953, 954, 390 N.Y.S.2d 410, 358 N.E.2d 1035;People v. Dawson, 249 A.D.2d 977, 978, 672 N.Y.S.2d 203,lv. denied93 N.Y.2d 872, 689 N.Y.S.2d 434, 711 N.E.2d 648); DNA and blood spatter evidence connecting defendant to the v......
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People v. Dawson
...689 N.Y.S.2d 434 93 N.Y.2d 872, 711 N.E.2d 648 People v. Deon Dawson Court of Appeals of New York March 08, 1999 Ciparick, J. 249 A.D.2d 977, 672 N.Y.S.2d 203 App.Div. 4, Monroe Denied. ...