Opinion
2014-02-14
The PEOPLE of the State of New York, Respondent, v. Anthony STRAHIN, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Danielle N. Soluri of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Danielle N. Soluri of Counsel), for Respondent.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, and WHALEN, JJ.
MEMORANDUM:
On appeal from a judgment convicting him upon a plea of guilty of burglary in the second degree (Penal Law § 140.25[2] ), defendant contends that Supreme Court erred in refusing to suppress tangible evidence found in his vehicle and his statements to the police, which he alleges were the fruit of an illegal search and seizure of his vehicle. We reject that contention. Although we agree with defendant that the police “effectively seized [his] vehicle when [they] pulled into the [driveway] behind defendant's vehicle in such a manner as to prevent defendant from driving away” ( People v. Layou, 71 A.D.3d 1382, 1383, 897 N.Y.S.2d 325;see People v. Dean, 73 A.D.3d 801, 802, 900 N.Y.S.2d 395;see generally People v. Cantor, 36 N.Y.2d 106, 111–112, 365 N.Y.S.2d 509, 324 N.E.2d 872), we conclude that the police had reasonable suspicion to justify such a seizure ( see People v. Bolden, 109 A.D.3d 1170, 1172, 973 N.Y.S.2d 500;People v. Richardson, 70 A.D.3d 1327, 1328, 896 N.Y.S.2d 542,lv. denied15 N.Y.3d 756, 906 N.Y.S.2d 829, 933 N.E.2d 228;People v. Van Every, 1 A.D.3d 977, 978–979, 767 N.Y.S.2d 176,lv. denied1 N.Y.3d 602, 776 N.Y.S.2d 233, 808 N.E.2d 369). Among other facts and circumstances, the burglary victims identified defendant, their nephew, as a possible suspect; the police determined that the make and model of the vehicle registered to defendant matched the make and model of a vehicle the victims observed in geographic and temporal proximity to the burglary; and the police observed that the damage to defendant's vehicle matched the description of the vehicle observed by the victims ( see Van Every, 1 A.D.3d at 978, 767 N.Y.S.2d 176;see also Bolden, 109 A.D.3d at 1172, 973 N.Y.S.2d 500;Richardson, 70 A.D.3d at 1328, 896 N.Y.S.2d 542;see generally People v. Casillas, 289 A.D.2d 1063, 1063–1064, 736 N.Y.S.2d 207,lv. denied97 N.Y.2d 752, 742 N.Y.S.2d 612, 769 N.E.2d 358).
Contrary to the further contention of defendant, we conclude that the police had probable cause to arrest him based upon their observation of property in defendant's vehicle that matched the description of property stolen from the victims ( see People v. Green, 68 A.D.3d 1780, 1780–1781, 893 N.Y.S.2d 723,lv. denied14 N.Y.3d 841, 901 N.Y.S.2d 147, 927 N.E.2d 568;People v. LaBoy, 43 A.D.3d 453, 454, 843 N.Y.S.2d 83,lv. denied9 N.Y.3d 991, 848 N.Y.S.2d 609, 878 N.E.2d 1025;People v. Saunders, 180 A.D.2d 542, 542, 580 N.Y.S.2d 255,lv. denied79 N.Y.2d 1054, 584 N.Y.S.2d 1022, 596 N.E.2d 420). There is no merit to defendant's related contention that the court erred in crediting the police testimony that the stolen property was in plain view. It is well established that “[t]he credibility determinations of the suppression court ‘are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record’ ” ( People v. Bush, 107 A.D.3d 1581, 1582, 966 N.Y.S.2d 720,lv. denied22 N.Y.3d 954, 977 N.Y.S.2d 186, 999 N.E.2d 551). Contrary to defendant's contention, the police officer's testimony that he observed a bag containing jewelry between the driver's seat and the center console of the vehicle is not “unbelievable as a matter of law, manifestly untrue, physically impossible, contrary to experience, or self-contradictory” ( People v. James, 19 A.D.3d 617, 618, 798 N.Y.S.2d 483,lv. denied5 N.Y.3d 829, 804 N.Y.S.2d 43, 837 N.E.2d 742), and we therefore see no basis to disturb the court's credibility determination ( see Bush, 107 A.D.3d at 1582, 966 N.Y.S.2d 720).
Defendant further contends that the court erred in refusing to suppress his statements to the police because the People allegedly failed to establish that he knowingly, voluntarily, and intelligently waived his Miranda rights. We reject that contention. “Where, as here, a defendant has been advised of his Miranda rights and within minutes thereafter willingly answers questions during interrogation, ‘no other indication prior to the commencement of interrogation is necessary to support a conclusion that the defendant implicitly waived those rights' ” ( People v. Goncalves, 288 A.D.2d 883, 884, 732 N.Y.S.2d 765,lv. denied97 N.Y.2d 729, 740 N.Y.S.2d 702, 767 N.E.2d 159, quoting People v. Sirno, 76 N.Y.2d 967, 968, 563 N.Y.S.2d 730, 565 N.E.2d 479;see People v. Guilford, 21 N.Y.3d 205, 208, 969 N.Y.S.2d 430, 991 N.E.2d 204). Thus, the record supports the court's determination that defendant “understood his Miranda rights and implicitly waived them when he willingly answered the officer[s'] questions after receiving the Miranda warnings” ( Goncalves, 288 A.D.2d at 884, 732 N.Y.S.2d 765;see People v. Hale, 52 A.D.3d 1177, 1178, 859 N.Y.S.2d 838;People v. Gill, 20 A.D.3d 434, 434, 798 N.Y.S.2d 507).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.