People v. Hart

• Decision Date: 24 February 2012
• Docket Number: No. 1606/2011.,1606/2011.
• Parties: PEOPLE of the State of New York v. Anthony HART.
• Court: New York Supreme Court

950 N.Y.S.2d 610

PEOPLE of the State of New York
v.
Anthony HART.

No. 1606/2011.

Supreme Court, Kings County, New York.

Feb. 24, 2012.

Damien Brown, Esq, for the Defendant.

David J. Weiss, Esq., Asst. District Attorney, for the People.

GUY J. MANGANO JR., J.

The defendant is charged with Burglary in the First Degree (Penal Law § 140.30), Burglary in the Second Degree (Penal Law § 140.25), Burglary in the Third Degree (Penal Law § 140.20), Robbery in the First Degree (Penal Law § 160.15), Robbery in the Second Degree (Penal Law § 160.10), Menacing in the Second Degree (Penal Law § 120 .14), Petit Larceny (Penal Law § 155.25), Intimidating a Victim in the Third Degree (Penal Law § 215.15) and Tampering with a Witness in the Third Degree (Penal Law § 215.11). A combined Dunaway/Mapp/Wade/Rodriguez/Huntley hearing was ordered and held. The People called two witnesses: New York City Police Detectives Anselm Lezama and Craig Wagner.

FINDINGS OF FACT

This Court finds the People's witnesses to be credible.

On February 22, 2011, Detective Anselm Lezama became the lead investigator of a home invasion robbery which occurred earlier that day at 1590 East New York Avenue, apartment 9G, Brooklyn. The detective's supervisor provided a possible suspect by the name of “Ant”, as well as a telephone number belonging to the possible suspect: 718–581–8023. After speaking with his supervisor, Detective Lezama responded to the location, 1590 East New York Avenue, apartment 9G, Brooklyn.

At the scene, the detective met with complainant, Karen Dickerson, who stated that two male blacks; one of them goes by the street name “Ant” and is approximately five eight tall, was wearing a black jacket and blue jeans. The second perpetrator stood about five foot ten inches tall, was wearing a blue jacket, black hoodie, blue skinny jeans. The complainant also told Detective Lezama that she recognized both men and that they hang out in front of the building. Ms. Dickerson stated that she had known the suspect Ant, defendant herein, for approximately two months prior to the robbery. Moreover, Ms. Dickerson and her cousin would often see Ant in the building lobby, two, three and four times a day on a daily basis. On one occasion Ms. Dickerson recalled that the perpetrators stopped so Ms. Dickerson's cousin and Ant could exchange telephone numbers. Ms. Dickerson confirmed the telephone number provided to Detective Lezama as belonging to defendant.

Later that same day, Detective Lezama accompanied Ms. Dickerson to the 73rd Police Precinct so the complainant could look through some photographs. Based upon the physical description of defendant provided by Ms. Dickerson, Detective Lezama generated photographs from the New York City Police Department's photograph manager database. The second photograph retrieved from the printer was immediately identified by Karen Dickerson as the perpetrator, defendant herein. Also present at the 73rd Precinct was Antonio Fulton, Karen Dickerson's 15 year old son. Antonio Fulton also knew the alleged perpetrator, Anthony Hart, from the neighborhood and immediately identified a photograph of defendant.

Braced with two positive confirmatory identifications, Detective Lezama performed a computer investigation of the suspect, Anthony Hart. It was learned that defendant had a court date in an unrelated matter on February 23, 2011, in New York City Criminal Court, Kings County, located at 120 Schermerhorn Street, Brooklyn, where he was arrested and transported back to the 73rd Precinct Brooklyn Robbery Squad.

Defendant was placed in an interview room and Detective Lezama read Miranda warnings from a pre-printed sheet of paper containing six questions. Defendant responded that he understood each question and the detective memorialized his affirmative answer by writing the word “yes” at the end of each question. Defendant then penned his initials next to each question, signed the page and stated to the detective that he was willing to answer questions. No questioning was conducted at this time. The entire process was completed at approximately 1:16 pm.

Defendant was then placed back in the holding cell. Prior thereto, Detective Lezama searched defendant and recovered two cell phones, some United States Currency, his belt and his shoelaces. Once in the cell, Detective Lezama took one more photograph of defendant which he showed once more to Karen Dickerson, who immediately identified defendant once again as one of the perpetrators of the home invasion.

While defendant was waiting in the cell, he was given a cordless telephone to use. Detective Craig Wagner's desk was located approximately 8 to 10 feet from the holding cell and he was able to hear defendant's telephone conversation. Defendant was speaking on the phone,...