People v. Harris

• Decision Date: 25 November 2015
• Citation: 22 N.Y.S.3d 62,133 A.D.3d 880
• Parties: The PEOPLE, etc., respondent, v. Crystal HARRIS, appellant.
• Court: New York Supreme Court — Appellate Division

133 A.D.3d 880
22 N.Y.S.3d 62

The PEOPLE, etc., respondent,
v.
Crystal HARRIS, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 25, 2015.

22 N.Y.S.3d 62

Golub & Golub, LLP, New York, N.Y. (Mitchell A. Golub of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.

MARK C. DILLON, J.P., SANDRA L. SGROI, JEFFREY A. COHEN, and HECTOR D. LaSALLE, JJ.

133 A.D.3d 880

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered November 4, 2013, convicting her of arson in the second degree, upon a jury verdict and imposing sentence. The appeal brings up for review the denial, after a hearing (D'Emic, J.), of the defendant's motion to suppress her statements to law enforcement officials.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention on appeal, after she was advised of, and waived, her Miranda rights (see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 ), additional warnings were not necessary, as she remained in continuous custody (see People v. Pegues, 59 A.D.3d 570, 873 N.Y.S.2d 160 ; People v. Glinsman, 107 A.D.2d 710, 484 N.Y.S.2d 64 ). Moreover, there was no evidence that her statements were involuntary (see People v. Bonds, 118 A.D.3d 717, 718, 987 N.Y.S.2d 428 ; People v. Glasper, 160 A.D.2d 723, 724, 553 N.Y.S.2d 472 ). Accordingly,

22 N.Y.S.3d 63

the hearing court properly denied the defendant's motion to suppress her statements to law enforcement officials.

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 (see Penal Law § 150.15 ). Moreover, in fulfilling our responsibility to...