People v Taylor

People v Taylor 2016 NY Slip Op 08449 Decided on December 15, 2016 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 15, 2016
Acosta, J.P., Andrias, Moskowitz, Gische, Webber, JJ.
2479 1162/13

[*1]The People of the State of New York, Respondent,

v

Vicki A. Taylor, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Thomas Farber, J.), rendered October 29, 2013, convicting defendant, upon her plea of guilty, of grand larceny in the third degree, and sentencing her to a conditional discharge for a period of three years, held in abeyance, and the matter remitted to Supreme Court for a Huntley hearing.

As the People concede, defendant's allegation that her statements to an investigator were involuntarily made was sufficient to require a hearing on her motion to suppress those statements (see CPL 710.60[3][b]). However, to the extent defendant characterizes the relief she requests as a "Dunaway/Huntley " hearing, we find that her factual allegations were insufficient to raise any Fourth Amendment issue.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 15, 2016

CLERK