People v. Watson

• Decision Date: 14 April 1988
• Citation: 139 A.D.2d 815,527 N.Y.S.2d 117
• Parties: The PEOPLE of the State of New York, Respondent, v. Dennis WATSON, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 117

527 N.Y.S.2d 117

139 A.D.2d 815

The PEOPLE of the State of New York, Respondent, v. Dennis WATSON, Appellant.

Supreme Court, Appellate Division,

Third Department.

April 14, 1988.

Anthony C. Bucca, Tannersville, for appellant.

Daniel Kevin Lalor, Dist. Atty. (Valerie Friedlander, NYS Criminal Justice Appellate Reference Service, Albany, of counsel), Catskill, for respondent.

Before KANE, J.P., and CASEY, LEVINE, HARVEY and MERCURE, JJ.

KANE, Justice Presiding.

Appeal from a judgment of the County Court of Greene County (Fromer, J.), rendered June 25, 1985, upon a verdict convicting defendant of the crimes of assault in the first degree, burglary in the first degree and robbery in the first degree.

At about 2:30 A.M. on November 5, 1984, Adolf Wipper, then 81 years old, was robbed and severely beaten about the head and face by an unidentified assailant at his apartment in the Village of Catskill, Greene County, where he lived alone. The police were summoned by another resident of the apartment, James Moore, who removed Wipper to the hospital, and, armed with the information from Moore that defendant had been in Wipper's apartment at about 7:15 P.M. the evening before, soliciting work painting his apartment, began their search for the assailant. The police officers were instructed to question anyone found walking the streets in the area. Defendant was observed walking in the general area at about 4:30 A.M. and asked to come to police headquarters for questioning. He agreed to accompany the officers and, upon arrival, was given his Miranda warnings, waived his right to counsel and gave a written statement admitting being in Wipper's apartme at about 7:15 P.M. on November 4, 1984, but denying any criminal activity other than purchasing marihuana from Moore prior to going to Wipper's apartment, stating that he had been at his sister's thereafter until 4:30 A.M. the following morning. Later in the day, information contradicting defendant's statement was obtained by the police and further questioning ensued which resulted in defendant's written statement, wherein he admitted participating in the assault and robbery, but only as a lookout for Andre Alexander, the actual perpetrator of the crimes. Alexander denied this accusation and, pursuant to a plea bargain wherein he was sentenced to one year in the County Jail on a reduced charge, testified at trial that it was defendant who administered the actual beating to Wipper and committed the burglary and robbery.

On this appeal, defendant contends that the statements obtained from him should be...