People v. Youngblood
| Decision Date | 03 May 2002 |
| Citation | 742 N.Y.S.2d 762,294 A.D.2d 954 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ANTHONY YOUNGBLOOD, Appellant. |
| Court | New York Supreme Court — Appellate Division |
294 A.D.2d 954
742 N.Y.S.2d 762
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ANTHONY YOUNGBLOOD, Appellant.
Decided May 3, 2002.
Present — Pigott, Jr., P.J., Green, Scudder and Kehoe, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of attempted murder in the first degree (Penal Law §§ 110.00, 125.27 [1] [a] [vii]; [b]) and lesser crimes and sentencing him as a persistent violent felony offender to concurrent indeterminate terms of incarceration, the longest of which is 20 years to life. Contrary to the contention of defendant, the People met their burden of establishing that the police had probable cause to arrest him (see People v Chaney, 253 AD2d 562, 564; cf. People v Roach, 265 AD2d 855, 856, lv denied 94 NY2d 906). Based on the facts and circumstances known to them, the arresting officers had a reasonable belief that it was more probable than not that an offense had been committed and that defendant was its perpetrator (see People v Carrasquillo, 54 NY2d 248, 254; People v Nicodemus, 247 AD2d 833, 835-836, lv denied 92 NY2d 858; People v Parris, 136 AD2d 882, 883, lv dismissed 71 NY2d 1031).
Defendant further contends that his statements to the police should have been suppressed because he did not receive Miranda warnings and the statements were obtained in violation of his right to counsel. We reject that contention. County Court properly refused to suppress the initial statements of defendant to the police, made before he received Miranda warnings. Questions that are necessary for processing a suspect or providing for his physical needs need not be preceded by Miranda warnings because such questions do not constitute interrogation (see People v Hester, 161 AD2d 665, 666, lv denied 76 NY2d 858; cf. People v Rogers, 48 NY2d 167, 173). Further, the court properly found that defendant's statements, which were nonresponsive to the officer's inquiry, were spontaneous and not the product of interrogation (see People v DePonceau, 275 AD2d
994, 994, lv denied 95 NY2d 962; People v Reinard, 244 AD2d 936, 936, lv denied 91 NY2d 896; People v Tarsczowicz, 88 AD2d 772).
The court further properly denied suppression of the statements subsequently made by defendant at the Public Safety Building. The interrogating officers testified that defendant was given his Miranda warnings and...
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