People v. Fowler

• Decision Date: 09 April 2012
• Docket Number: No. 1967N–2012.,1967N–2012.
• Citation: 950 N.Y.S.2d 724
• Parties: The PEOPLE of the State of New York v. Reggie FOWLER, Samuel Cephas, Javon Gamble and Leroy Nelson, Defendants.
• Court: New York Supreme Court

950 N.Y.S.2d 724

The PEOPLE of the State of New York

v.Reggie FOWLER, Samuel Cephas, Javon Gamble and Leroy Nelson, Defendants.

No. 1967N–2012.

Supreme Court, Nassau County, New York.

April 9, 2012.

District Attorney, Nassau County, by Martin Meaney, Esq., Assistant District Attorney, Mineola, for defendant Fowler.

William Rost, Esq., Mineola, for defendant Cephas.

Rha & Kim, LLP, Megan Rha, Esq., Bayside, for Defendant Gamble.

Elbert & Elbert, LLP, Michael D. Elbert, Esq., Mineola, for defendant Nelson.

Law Offices of Steven R. Barnwell, Steven R. Barnwell, Esq., Mineola.

NORMAN ST. GEORGE, J.

Defendant Reggie Fowler is charged with three counts of violating Penal Law § 160.15(4), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.15(2), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.10(1), Robbery in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(1)(b), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(3), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 155.40(1), Grand Larceny in the Second Degree as a class C felony; one count of violating Penal Law § 145.10, Criminal Mischief in the Second Degree as a class D felony and one count of violating Penal Law § 140.35, Possession of Burglar's Tool as a class A misdemeanor.

Defendant Samuel Cephas is charged with three counts of violating Penal Law § 160.15(4), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.15(2), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.10(1), Robbery in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(1)(b), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(3), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 155.40(1), Grand Larceny in the Second Degree as a class C felony; one count of violating Penal Law § 145.10, Criminal Mischief in the Second Degree as a class D felony; one count of violating Penal Law § 140.35, Possession of Burglar's Tool as a class A misdemeanor; one count of violating Penal Law § 120.20, Reckless Endangerment in the Second Degree as a class A misdemeanor; one count of violating Penal Law § 270.25, Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree as a class A misdemeanor and one count of violating Vehicle and Traffic Law § 1212, Reckless Driving as a misdemeanor.

Defendant Javon Gamble is charged with three counts of violating Penal Law § 160.15(4), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.15(2), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.10(1), Robbery in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(1)(b), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(3), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 155.40(1), Grand Larceny in the Second Degree as a class C felony; one count of violating Penal Law § 145.10, Criminal Mischief in the Second Degree as a class D felony and one count of violating Penal Law § 140.35, Possession of Burglar's Tool as a class A misdemeanor.

Defendant Leroy Nelson is charged with three counts of violating Penal Law § 160.15(4), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.15(2), Robbery in the First Degree as a class B felony; three counts of violating Penal Law § 160.10(1), Robbery in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(1)(b), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 265.03(3), Criminal Possession of a Weapon in the Second Degree as a class C felony; one count of violating Penal Law § 155.40(1), Grand Larceny in the Second Degree as a class C felony; one count of violating Penal Law § 145.10, Criminal Mischief in the Second Degree as a class D felony and one count of violating Penal Law § 140.35, Possession of Burglar's Tool as a class A misdemeanor.

On March 1, 5, 6, 8, and 12, 2012, after motion practice by the attorneys, this Court conducted a Huntley, Mapp, and Dunaway hearing. (See People v. Huntley, 15 N.Y.2d 72 [1965];Mapp v. Ohio, 367 U.S. 643, 81 SCt 1684, 6 L.Ed.2d 1081 [1961]; and People v.. Dunaway, 442 U.S. 200, 99 SCt 2248, 60 L.Ed.2d 824 [1979] ). The Huntley hearing pertained to various oral and written statements allegedly made by defendants Reggie Fowler, Samuel Cephas, and Javon Gamble. The Mapp hearing pertained to items allegedly seized from defendants Javon Gamble and Leroy Nelson. The Dunaway hearing pertained to probable cause for the arrest of the defendants Reggie Fowler and Javon Gamble.

The People called eight (8) witnesses at the hearing: Police Officer Konstantinos Anastasis, a ten (10) year veteran of the Nassau County Police Department; Police Officer John Cancel, a fourteen (14) year veteran of the Lake Success Police Department; Police Officer Thomas Alter, a four and a half (4 1/2) year veteran of the Lake Success Police Department; Police Officer David Carratu, a twenty-eight (28) year veteran of the Nassau County Police Department; Detective Jeffrey Gross, a twenty-six (26) year veteran of the Nassau County Police Department; Detective Stephen Graziose, a twenty-one and a half (21 1/2) year veteran of the Nassau County Police Department; Detective Gary Schmitt, a fourteen (14) year veteran of the Nassau County Police Department; and Detective Sergeant John Fitzgerald, a twenty-five (25) year veteran of the Nassau County Police Department. The defendants did not call any witness at the hearing. Based on the testimony of the witnesses, this Court makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

This Court finds the testimony of Police Officer Konstantinos Anastasis, Police Officer John Cancel, Police Officer Thomas Alter, Police Officer David Carratu, Detective Jeffrey Gross, Detective Stephen Graziose, Detective Gary Schmitt, and Detective Sergeant John Fitzgerald, to be credible.

Officer Anastasis testified that on October 14, 2011, he was working a 7 am to 7 pm tour of duty for the Nassau County Police Department. He was in uniform, working alone, in a marked Nassau County Police vehicle. At approximately 1:52 pm, Officer Anastasis was on Northern Boulevard in Manhasset, Nassau County, taking an accident report. Officer Anastasis testified that, while taking the accident report, he received a radio assignment for a robbery at the London Jewelers store in Manhasset. The radio assignment indicated that the suspects were male blacks, that they were armed with multiple handguns, and that they fled in a black Cadillac Escalade (hereinafter referred to as the “Escalade”). Officer Anastasis indicated that he left his location in search of the Escalade. Eventually, he saw an Escalade traveling west on Northern Boulevard, with two male black occupants in the front seat. Officer Anastasis testified that he attempted to pull the Escalade over using his Police lights, however, the vehicle failed to pull over, and continued on Northern Boulevard. Officer Anastasis put out a notification of his location using his Police radio and continued pursuing the Escalade. Officer Anastasis testified that, at one point, the Escalade traveled west in the eastbound lane of Northern Boulevard. At the intersection of Community Drive and Northern Boulevard, the Escalade crashed into another marked Police vehicle and then drove off. Officer Anastasis indicated that other Police vehicles joined in the chase of the Escalade. Officer Anastasis stated that the chase reached speeds up to one hundred (100) miles per hour. Officer Anastasis pursued the Escalade onto the Long Island Expressway Service Road and then onto the Long Island Expressway. Officer Anastasis testified that, as the traffic on the Long Island Expressway slowed down, he observed four (4) to five (5) male black individuals jump out of the Escalade while it was still moving, run across the traffic lanes of the Long Island Expressway, jump over the center barrier, and exit the Long Island Expressway. Officer Anastasis testified that he drove off the Long Island Expressway and attempted to intercept the suspects on the service road.

Officer Cancel testified that on October 14, 2011, he was working a 7 am to 7 pm tour of duty for the Lake Success Police Department. He was in uniform, working alone, in a marked Lake Success Police vehicle. Sometime prior to 2 pm, Officer Cancel heard the notification regarding the robbery at the London Jewelers store in Manhasset. He testified that he immediately headed to the London Jewelers store. While en route, Officer Cancel heard that a chase involving the suspect vehicle was headed towards the Long Island Expressway. Officer Cancel headed towards the Long Island Expressway and received a radio call to shut down the Long Island Expressway. Officer Cancel entered the Long Island Expressway and stopped westbound traffic using his lights and siren. Officer Cancel testified that he observed a black Cadillac Escalade headed towards him on the Long Island Expressway. Officer Cancel observed the Escalade slow down and saw four (4) male blacks exit the vehicle while it was still moving. Officer Cancel testified that one suspect was dressed all in black, one was dressed in blue and white, one was wearing a dark shirt, and one was wearing a white tank top. Officer Cancel watched the suspects jump over the concrete center...