People v. Suttles
| Decision Date | 26 April 2019 |
| Docket Number | 30,KA 16–02364 |
| Citation | 98 N.Y.S.3d 682,171 A.D.3d 1454 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Quentin SUTTLES, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
171 A.D.3d 1454
98 N.Y.S.3d 682
The PEOPLE of the State of New York, Respondent,
v.
Quentin SUTTLES, Defendant–Appellant.
30
KA 16–02364
Supreme Court, Appellate Division, Fourth Department, New York.
Entered: April 26, 2019
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KRISTIN M. PREVE OF COUNSEL), FOR DEFENDANT–APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law, the plea is vacated, those parts of the omnibus motion seeking to suppress tangible property and statements are granted, the indictment is dismissed, and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 470.45.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree ( Penal Law § 265.03[3] ). The conviction arises from a police encounter during which an officer approached the parked vehicle in which defendant was a passenger and observed that defendant was in possession of a handgun. We agree with defendant that the police lacked reasonable suspicion to justify the initial seizure of the vehicle, and thus Supreme Court erred in refusing to suppress both the tangible property seized, i.e., the weapon, and statements defendant made to the police at the time of his arrest. Here, police officers effectively seized the vehicle in which defendant was riding when their two patrol cars entered the parking lot in such a manner as to prevent the vehicle from being driven away (see People v. Jennings, 45 N.Y.2d 998, 999, 413 N.Y.S.2d 117, 385 N.E.2d 1045 [1978] ; People v. Layou, 71 A.D.3d 1382, 1383, 897 N.Y.S.2d 325 [4th Dept. 2010] ; cf. People v. Cintron, 125 A.D.3d 1333, 1334, 2 N.Y.S.3d 715 [4th Dept. 2015], lv denied 25 N.Y.3d 1071, 12 N.Y.S.3d 622, 34 N.E.3d 373 [2015] ). The police had, at most, a "founded...
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...of People v. De Bour, 40 N.Y.2d 210, 222-223, 386 N.Y.S.2d 375, 352 N.E.2d 562 [1976] ; see generally People v. Suttles , 171 A.D.3d 1454, 1455, 98 N.Y.S.3d 682 [4th Dept. 2019] ; People v. Layou , 71 A.D.3d 1382, 1383, 897 N.Y.S.2d 325 [4th Dept. 2010], and defendant thus was not in custod......
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...all evidence in support of the charged crime of criminal possession of a weapon in the second degree (see People v. Suttles , 171 A.D.3d 1454, 1455, 98 N.Y.S.3d 682 [4th Dept. 2019] ; People v. Mobley , 120 A.D.3d 916, 919, 991 N.Y.S.2d 193 [4th Dept. 2014] ) and because the officers were n......
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... ... Based ... on the foregoing, defendant's plea must be vacated and, ... because our determination results in the suppression of all ... evidence in support of the charged crime of criminal ... possession of a weapon in the second degree (see People v ... Suttles, 171 A.D.3d 1454, 1455 [4th Dept 2019]; ... People v Mobley, 120 A.D.3d 916, 919 [4th Dept ... 2014]) and because the officers were not engaged at the time ... of the alleged assault in the performance of "a lawful ... duty" necessary to support the charged crime of assault ... in the second ... ...