People v Jesus

[*1] People v Jesus 2007 NY Slip Op 50586(U) [15 Misc 3d 1111(A)] Decided on March 26, 2007 Supreme Court, Kings County D'Emic, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through April 2, 2007; it will not be published in the printed Official Reports.

Decided on March 26, 2007
Supreme Court, Kings County

The People of the State of New York

against

Enrique Jesus, Defendant.



8988/05



Attorney for the People:
Charles J. Hynes
District Attorney, Kings County
350 Jay Street
Brooklyn, NY 11201
by ADA Jennifer Ruben
(718)-250-2000

Attorney for the defendant:
Martin Marshak, Esq.
Renee Pinto
Brooklyn Defender Services
111 Livingston Street
Brooklyn, NY 11201
(718)-254-0700

Matthew J. D'Emic, J.

A Dunaway/Mapp/Huntley hearing was held before the court and testifying credibly at the hearing were Detective Kevin Frein, Police Officer Frank Kolanovic and Emergency Medical Technician Erin Dragic.

FINDINGS OF FACT

On October 20, 2005, at about 7:15 PM, Officer Kolanovic responded to a radio call of a woman stabbed at 47 Bay 26th Street in Brooklyn. He knocked on the partially opened apartment door and was greeted by a group of men who pointed him to the rear of the apartment. He heard a whimpering female in a back room and was able to look into a hole in the locked door. He observed blood and kicked the door in where he saw the defendant cradling the complainant; both covered in blood. The officer asked what had happened and the defendant replied, in English: "big problems". The defendant was handcuffed and taken out of the room. A bloody knife was observed, taken and vouchered by the officer.

The defendant was arrested.

Detective Frein also arrived at the apartment sometime before 8:00 PM. He saw emergency personnel taking the complainant down the stairs and EMTs treating the defendant. He overheard one of them ask the defendant if he stabbed himself and his response of "s­, after I stabbed my wife".

Ms. Dragic, an emergency medical technician for Victory Memorial Hospital, was a [*2]member of the second unit dispatched to the apartment and also arrived as the complainant was being taken away. She remembers him being handcuffed, with a lot of police around. Although unsure of speaking to the defendant inside the apartment, she does remember asking him how his neck was injured, in order to effectively treat him. Ms. Dragic remembers the defendant staying: "I tried to kill my wife and then I tried to kill myself", in English.

CONCLUSIONS OF LAW

The police, responding to a call of a woman stabbed, had reasonable cause to arrest the defendant after discovering him holding the victim covered in blood in a locked room. Likewise, Officer Kolanovic was justified in kicking in the door to that room for the safety of the victim. Upon seeing the bloody knife in plain view on the night stand he was likewise justified in safeguarding and vouchering the knife.

Defendant also seeks preclusion of the statement to EMT Dragic since no notice of his statement was given to him by the prosecution as well as suppression of the statement overheard by Detective Frein. Both motions are denied.

It is clear that Ms. Dragic, who works for Victory Memorial Hospital, is not a police agent, and no notice of defendant's statement is required (People v Abdul, 279 AD2d 298). It is equally clear that an admission to a private individual that is overheard by the police is admissible (People v Jones, 169 AD2d 986). There is no statutory privilege for EMS workers, and, in any event, given the circumstances, there could have been no expectation of confidentiality (People v Pagan, 190 Misc 2d 474).

This constitutes the Decision and Order of the court.

____________________________

Matthew J. D'Emic

J.S.C.