People v. Ormejuste

Decision Date07 May 2014
PartiesThe PEOPLE, etc., respondent, v. Dario ORMEJUSTE, appellant.
CourtNew York Supreme Court — Appellate Division

117 A.D.3d 756
985 N.Y.S.2d 139
2014 N.Y. Slip Op. 03283

The PEOPLE, etc., respondent,
v.
Dario ORMEJUSTE, appellant.

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

May 7, 2014.


[985 N.Y.S.2d 140]


Joseph F. DeFelice, Kew Gardens, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Andrea M. DiGregorio of counsel), for respondent.


WILLIAM F. MASTRO, J.P., PLUMMER E. LOTT, SANDRA L. SGROI, and HECTOR D. LaSALLE, JJ.

Appeal by the defendant from a judgment of the County Court, Nassau County (Carter, J.), rendered July 25, 2012, convicting him of murder in the first degree, murder in the second degree (three counts), and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (St. George, J.), of those branches of the defendant's omnibus motion which were to suppress physical evidence and his statements to law enforcement officials.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the evidence presented at the suppression hearing demonstrated that the initial warrantless entry into his home by the police fell within the emergency doctrine exception to the warrant requirement ( see People v. Molnar, 98 N.Y.2d 328, 329, 746 N.Y.S.2d 673, 774 N.E.2d 738;People v. Mitchell, 39 N.Y.2d 173, 177–178, 383 N.Y.S.2d 246, 347 N.E.2d 607,cert. denied426 U.S. 953, 96 S.Ct. 3178, 49 L.Ed.2d 1191;People v. Longboat, 278 A.D.2d 836, 718 N.Y.S.2d 761). Accordingly, the County Court properly denied that branch of the defendant's omnibus motion which was to suppress the physical evidence obtained from his home.

The defendant contends that the statements he made to law enforcement officials should have been suppressed. However, the specific arguments asserted by the defendant on appeal to support this contention are unpreserved for appellate review ( seeCPL 470.05[2]; People v. Fowler, 101 A.D.3d 898, 954 N.Y.S.2d 919;People v. Philips, 30 A.D.3d 620, 818 N.Y.S.2d 227). In any event, the defendant's contention is without merit ( see People v. White, 40 A.D.3d 662, 836 N.Y.S.2d 204,affd. on other grounds,10 N.Y.3d 286, 856 N.Y.S.2d 534, 886 N.E.2d 156,cert. denied555 U.S. 897, 129 S.Ct. 221, 172 L.Ed.2d 167;People v. Velazquez, 33 A.D.3d 352, 822 N.Y.S.2d 65;People v. Hester, 161 A.D.2d 665, 556 N.Y.S.2d 97). Accordingly, the County Court properly denied that branch of the defendant's...

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5 cases
  • People v. Rivera
    • United States
    • New York Supreme Court — Appellate Division
    • March 11, 2015
    ...defendant failed to object to any of the challenged remarks (see People v. Yusuf, 119 A.D.3d 619, 987 N.Y.S.2d 899 ; People v. Ormejuste, 117 A.D.3d 756, 985 N.Y.S.2d 139 ). In any event, this contention is without merit. The challenged remarks were fair comment on the evidence, responsive ......
  • Ormejuste v. Artus
    • United States
    • U.S. District Court — Eastern District of New York
    • June 23, 2021
    ...Claim") (id. at 31-39). The Appellate Division upheld Petitioner's judgment of conviction. See People v. Ormejuste, 117 A.D.3d 756, 985 N.Y.S.2d 139 (N.Y. App. Div., 2d Dep't 2014). As to Petitioner's Entry Claim, the Appellate Division held, "[c]ontrary to [Ormejuste]'s contention, the evi......
  • People v. Leitzsey
    • United States
    • New York Supreme Court — Appellate Division
    • October 22, 2014
    ...781 ), since the specific argument that the defendant now makes on appeal was not made in the Supreme Court (cf. People v. Ormejuste, 117 A.D.3d 756, 985 N.Y.S.2d 139 ; People v. Jones, 224 A.D.2d 334, 335, 638 N.Y.S.2d 63 ). In any event, any error in joining the two matters for trial was ......
  • People v. Callender
    • United States
    • New York Supreme Court — Appellate Division
    • December 10, 2014
    ...defendant failed to object to any of the challenged remarks (see People v. Yusuf, 119 A.D.3d 619, 987 N.Y.S.2d 899 ; People v. Ormejuste, 117 A.D.3d 756, 985 N.Y.S.2d 139 ). In any event, this contention is without merit. The challenged remarks were fair comment on the evidence, responsive ......
  • Request a trial to view additional results

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