People v. Taylor

Decision Date22 April 1991
Citation569 N.Y.S.2d 454,172 A.D.2d 784
PartiesThe PEOPLE, etc., Respondent, v. David TAYLOR, Appellant.
CourtNew York Supreme Court — Appellate Division

Philip L. Weinstein, New York City (Steven C. Losch, of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen, Michael Gore, and Timothy J. Mayopoulos, of counsel), for respondent.

Before LAWRENCE, J.P., and HARWOOD, ROSENBLATT and O'BRIEN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered September 28, 1987, convicting him of robbery in the first degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements made by him to law enforcement authorities.

ORDERED that the judgment is affirmed.

The defendant's contention that the trial court improperly based its finding of probable cause, in part, upon the unsworn statement of the prosecutor, made during a side-bar conference in the course of the suppression hearing, is unsupported by the record. The arresting officer's actions in stopping the defendant in order to inquire as to his recent whereabouts were presumptively valid as they were based on information provided in a radio transmission from a fellow police officer (see, People v. Lypka, 36 N.Y.2d 210, 213-214, 366 N.Y.S.2d 622, 326 N.E.2d 294; see also, CPL 140.50[1]; People v. DeBour, 40 N.Y.2d 210, 233, 386 N.Y.S.2d 375, 352 N.E.2d 562; People v. McLaughlin, 132 A.D.2d 712, 518 N.Y.S.2d 407). At the suppression hearing, the defendant did not specifically challenge the reliability of the information provided by the transmitting officer, and therefore, this issue is unpreserved for appellate review ( see, People v. Fenner, 61 N.Y.2d 971, 475 N.Y.S.2d 276, 463 N.E.2d 617; People v. Ward, 95 A.D.2d 233, 240, 465 N.Y.S.2d 556). Furthermore, the defendant was carrying the stolen property, and in response to the police officer's inquiry, made an inculpatory statement placing himself at the scene of the crime. Thus, we find that there was a sufficient basis, independent of the challenged comment by the prosecutor, to support a finding that the arresting officer possessed reasonable cause to believe that the defendant had committed the crime (see, CPL 140.10[1][b].

The defendant's contention that he was deprived of a fair trial by the People's failure to produce at trial the police officer who made the radio transmission, is unpreserved for appellate review (see, People v. De Tore, 34 N.Y.2d 199, 207, 356 N.Y.S.2d 598, 313 N.E.2d 61; cert. denied sub nom. Wedra v. New York, 419 U.S. 1025, 95...

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  • People v. Lynch
    • United States
    • New York Supreme Court — Appellate Division
    • November 21, 2018
    ...is unpreserved for appellate review (see People v. De Tore , 34 N.Y.2d 199, 207, 356 N.Y.S.2d 598, 313 N.E.2d 61 ; People v. Taylor , 172 A.D.2d 784, 785, 569 N.Y.S.2d 454 ). In any event, the defendant's contention is without merit. "Where a defendant claims that the loss of evidence depri......
  • People v. Serrano
    • United States
    • New York Supreme Court — Appellate Division
    • September 30, 1996
    ...N.Y.2d 408, 416, 474 N.Y.S.2d 441, 462 N.E.2d 1159; People v. Jenkins, 47 N.Y.2d 722, 417 N.Y.S.2d 57, 390 N.E.2d 775; People v. Taylor, 172 A.D.2d 784, 569 N.Y.S.2d 454), the information possessed by the transmitting officer may be imputed to the arresting officer (see, People v. Petralia,......
  • People v. Jones
    • United States
    • New York Supreme Court — Appellate Division
    • March 9, 1995
    ...People v. Bombard, 203 A.D.2d 711, 610 N.Y.S.2d 965, lv. denied 84 N.Y.2d 823, 617 N.Y.S.2d 143, 641 N.E.2d 164; People v. Taylor, 172 A.D.2d 784, 785, 569 N.Y.S.2d 454, lv. denied 78 N.Y.2d 958, 573 N.Y.S.2d 653, 578 N.E.2d 451). Even if we were to find such remark inappropriate with respe......
  • People v. Townsley
    • United States
    • New York Supreme Court — Appellate Division
    • June 26, 1997
    ...v. Bombard, 203 A.D.2d 711, 713, 610 N.Y.S.2d 965, lv. denied 84 N.Y.2d 823, 617 N.Y.S.2d 143, 641 N.E.2d 164; People v. Taylor, 172 A.D.2d 784, 785, 569 N.Y.S.2d 454, lv. denied 78 N.Y.2d 958, 573 N.Y.S.2d 653, 578 N.E.2d 451). Moreover, despite defense counsel's failure to request a curat......
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