People v. Myers

Decision Date25 April 2005
Docket Number2001-08007.
Citation17 A.D.3d 699,2005 NY Slip Op 03266,793 N.Y.S.2d 537
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOWAN MYERS, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court properly denied that branch of his motion which was to suppress his statements to the police. The factual findings and credibility determinations of the County Court following a suppression hearing are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]; People v Leggio, 305 AD2d 518, 519 [2003]). The County Court properly determined that the defendant's statements were voluntarily made after he knowingly and intelligently waived his Miranda rights (see Miranda v Arizona, 384 US 436 [1966]; People v Leggio, supra). The questioning used to elicit the statements from the defendant was not so fundamentally unfair as to deny him due process (see People v Tarsia, 50 NY2d 1, 11 [1980]; People v Wright, 249 AD2d 570 [1998]; People v Darvie, 224 AD2d 442 [1996]; People v Ingram, 208 AD2d 561 [1994]). Before questioning, the police were under no obligation to inform the defendant of the specific crime they were investigating (see Colorado v Spring, 479 US 564, 577 [1987]; People v Garcia, 284 AD2d 106, 107 [2001]; People v Hall, 152 AD2d 948 [1989]; People v Seaman, 130 AD2d 875 [1987]), and the readministration of Miranda warnings was not required where, as here, statements were made within a reasonable time after the defendant's waiver (see People v Lagano, 191 AD2d 646, 647 [1993]). The police were under no obligation to tell the 20-year-old defendant's parents of his whereabouts while he was being questioned (see People v Crimmins, 64 NY2d 1072, 1073 [1985]; People v Sticht, 226 AD2d 838 [1996]), and there is no evidence that the defendant's arraignment was deliberately delayed so that his statements could be obtained (see People v Ramos, 99 NY2d 27, 34 [2002]; People v White, 259 AD2d 508 [1999]).

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 County Court properly refused to charge the jury on unlawful imprisonment in the first degree as a lesser-included offense of the kidnapping charges. Unlawful imprisonment in the first degree is not a lesser-included offense of kidnapping in first degree or kidnapping in the second degree (see People v Ahedo, 229 AD2d 588 [1996]; People v Fonseca, 229 AD2d 591 [1996]; cf. People v Linderberry, 222 AD2d 731, 733-734 [1995]; People v Tillman, 69...

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3 cases
  • People v. Myers
    • United States
    • New York Supreme Court — Appellate Division
    • October 12, 2016
    ...on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated April 25, 2005 (People v. Myers, 17 A.D.3d 699, 793 N.Y.S.2d 537 ), affirming a judgment of the County Court, Suffolk County, rendered August 6, 2001.ORDERED that the application is denied......
  • People v. Myers
    • United States
    • New York Court of Appeals Court of Appeals
    • June 22, 2005
    ...N.E.2d 1270 5 N.Y.3d 766 PEOPLE v. MYERS Court of Appeals of New York. June 22, 2005. Appeal from 2d Dept.: 17 A.D.3d 699, 793 N.Y.S.2d 537 Application for leave to appeal—criminal. Denied. (Ciparick, J.). ...
  • People v. McClary
    • United States
    • New York Supreme Court — Appellate Division
    • April 25, 2005

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