People v. Stewart

• Decision Date: 05 October 2021
• Docket Number: 2021-33149,Ind. 2018-1251
• Court: New York County Court
• Parties: THE PEOPLE OF THE STATE OF NEW YORK v. LATONIA SHELECIA STEWART, Defendant.

THE PEOPLE OF THE STATE OF NEW YORK
v.
LATONIA SHELECIA STEWART, Defendant.

No. 2021-33149

Ind. No. 2018-1251

County Court, Westchester County

October 5, 2021

Unpublished Opinion

ANTHONY MATTEST, ESQ.

Attorney for Defendant

HON. MIRIAM E. ROCAH

District Attorney, Westchester County

Assistant District Attorney

DECISION & ORDER

DAVID S. ZUCKERMAN JUDGE

Defendant stands accused under Indictment No. Ind. No. 2018-1251 of six counts of Burglary in the Second Degree {Penal Law §140.25[2]), four counts of Grand Larceny in the Third Degree (Penal Law §155.35(1]), Grand Larceny in the Fourth Degree (Penal Law §155.30[1]), Petit Larceny (Penal Law §155.25), five counts of Criminal Mischief in the Fourth Degree (Penal Law §14 5.00[]), Criminal Possession of Stolen Property in the Third Degree (Penal Law §165.50]), Possession of Burglar's Tools (Penal Law §140.35), Unregistered Motor Vehicle (Vehicle and Traffic Law §401[l]a), Improper Number Plates (Vehicle and Traffic Law §402 [4]), and Unrestrained Back Seat Child Less Than Four Years Old (Vehicle and Traffic Law §1229-C[1]a).

As set forth in the Indictment, it is alleged that, on or about December 20, 2017, February 12, 2018, February 17, 2018, February 22, 2018, April 16, 2018, April 30, 2018, and May 1, 2018, in Westchester County, the defendant entered or remained unlawfully into several premises, with the intent to commit crimes therein; stole property belonging to other persons; possessed stolen

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property; caused damage to property belonging to other persons, and possessed burglars tools. As further set forth in the Indictment, it is also alleged that, on or about May 1, 2018, Defendant, in Westchester County, operated an unregistered motor vehicle and with said vehicle possessing improper number plates, and had a child under four riding in the back seat while not properly restrained.

On October 1, 2021, this Court conducted a Mapp/Dunaway^[1]hearing to determine the admissibility of physical evidence allegedly seized from the defendant by law enforcement officers. The People initially called two witnesses: Greenburgh Police Detective Davey Jakasal (hereinafter ``Det. Jakasal") and Greenburgh Police Detective Edward DeVito (hereinafter ``Det. DeVito") during the morning portion of the hearing^[2]. The People then rested and both sides delivered arguments on the motion. In the afternoon session, the court granted the People's motion to reopen the hearing whereupon the People called Greenburgh Police Detective Edgar DeMillo (hereinafter ``Det. DeMillo") . Thereafter, the People rested again and, after further argument, the court reserved decision on the motion. The court finds the testimony of the People's three witnesses (Defendant did not present any witnesses at the hearing) credible to the extent noted below.

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FINDINGS OF FACT

On May 1, 2018, at about 9:45 a.m., Det. Jakasal and Greenburgh Police Department Detective Shaw were parked in a vehicle in the area of 501 Watch Hill Road, Greenburgh, New York (hereinafter "the subject premises") . They were there pursuant to an investigation into a burglary pattern in which residences where burglarized while the occupants' funerals took place (also known as funeral burglaries). The funeral of Robert Sorentino, the owner of the subject premises, was taking place on May 1, 2018 while the two...