People v Higgins

[*1] People v Higgins 2014 NY Slip Op 51502(U) Decided on October 20, 2014 Mount Vernon City Ct Seiden, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 20, 2014
Mount Vernon City Ct

The People of the State of New York,

against

Bryan Higgins, Defendant.



14-0713



Westchester County District Attorney

Mount Vernon branch

Caroline M. Skwiersky, Esq.

Attorney for Defendant

34 East 1st Floor, First Floor

Mount Vernon, New York 10550
Adam Seiden, J.

A Dunaway/Huntley hearing was held in this matter where defendant is charged with one count of Criminal Impersonation in the Second Degree (P.L. § 190.25(1)), one count of Aggravated Unlicensed Operation of a Vehicle (V.T.L. § 511(1)), one count of Unlicensed Operation of a Vehicle (V.T.L. § 509(1)) and two other traffic infractions. After receiving testimony the Court finds as follows:

Findings of Fact:

At the hearing, P.O. Hrotko of the Westchester Mount Vernon Police Department testified that on March 4, 2014 at approximately 1:00 a.m. he was on routine patrol with P.O. Butler in a marked vehicle while in uniform when he observed a 2003 black Honda Civic traveling eastbound on Fourth Street toward S. Sixth Avenue in Mount Vernon, New York. P.O. Hrotko observed the vehicle make a left hand turn after having failed to stop completely at the stop sign located at the intersection of Fourth Street and S. Sixth Avenue. P.O. Hrotko followed the vehicle onto S. Sixth Avenue and observed the vehicle pass through a steady ready light and make a left onto W. Third Street. The vehicle then made another left turn onto S. Seventh Avenue after which P.O. Hrotko and P.O. Butler initiated a traffic stop in front of 230 S. Seventh Avenue.

P.O. Hrotko pulled his marked police vehicle behind the vehicle he had just pulled over. P.O. Hrotko observed the defendant to be seated in the driver's seat of the subject vehicle. P.O. Hrotko approached the defendant and asked him for his license [*2]and registration. Defendant indicated that he did not have either a license or registration. P.O. Hrotko then asked the defendant to state his name. Defendant responded in sum and substance that his name was Keenan Higgins with a date of birth of October 10, 1990. The defendant further stated that he did not have any other form of identification to verify who he was but that he could call his mother and sister to the scene to verify who he was. Defendant then proceeded to call his mother and sister from his cell phone. While they were waiting for defendant's mother and sister to arrive at the scene, P.O. Hrotko warned the defendant hat if he knowingly lies or gives any misrepresentation about his name, date of birth or his address that it is a crime and he could be placed under arrest. When defendant's mother and sister arrived at the location they informed P.O. Hrotko that the defendant was, in fact, Bryan Higgins. P.O. Hrotko then asked the defendant to step out of the vehicle, at which time the defendant told him that he knew that he had a warrant out for his arrest for public drinking. The defendant was then placed under arrest for false impersonation. At some later point in time, P.O. Hrotko verified that the defendant had a suspended license and an active warrant out of Mount Vernon City Court.

Conclusions of Law:

The Court finds the testimony given at the hearing by P.O. Hrotko to be credible. P.O. Hrotko's observations of the defendant's violations of the Vehicle and Traffic Law provided him with a lawful basis for stopping the vehicle. The temporary roadside detention after stopping the defendant for the traffic infractions was permissible and non-custodial in nature. People v. Meyers, 1 AD3d 382 (2nd Dept. 2003); People v. O'Reilly, 16 Misc 3d 775 (Dist. Ct. Suff. Cty. 2007). Once lawfully stopped, the police officer was permitted to conduct a reasonable initial investigation in which Miranda warnings were not required. People v. Mathis, 136 AD2d 746 (2nd Dept. 1988); People v. Burnes, 16 Misc 3d 1129(A)(Dist. Ct. Suff. Cty. 2007). It was during the initial investigation that defendant stated that he did not have any identification and falsely stated that he was Keenan Higgins with a date of birth of October 10, 1990. These statements were not obtained by means of coercion or unfairness, but rather were voluntarily made by the defendant and therefore are admissible at trial.

Similarly, the statement made by the defendant that he knew he had a warrant out of Mount Vernon City Court for drinking in public was also voluntarily made by the defendant and is also admissible at trial. The defendant was not in custody at the time he made this statement thus requiring Miranda warnings to be given nor was the statement made in response to questions specifically asked by the police officer seeking to elicit a response from defendant that was reasonably likely to incriminate him. Cf. People v. Rifkin, 289 AD2d 262 (2nd Dept. 2001); People v. Rivera, 91 AD3d 972 (2nd Dept. 2012); People v. Soto, 183 AD2d 926 (2nd Dept. 1992).

Based upon the foregoing, defendant's motion to suppress the statements made by the defendant is denied.

This constitutes the Decision and Order of this Court.

Dated:October 20, 2014

Mount Vernon, New York

____________________________________

HON.ADAM SEIDEN

Associate City Judge of Mount Vernon