THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
KANE, J.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
```THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
```THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see
County Court‘s imposition of concurrent prison sentences of 12 1/2 years plus five years of postrelease supervision was not harsh or excessive, considering that the court could have imposed consecutive 15-year sentences for each of these daytime residential burglaries.
Cardona, P.J., Peters, Carpinello and Rose, JJ., concur.
Ordered that the judgment is affirmed.
``` ```htmlTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JAMES KELLY, Appellant.
Supreme Court, Appellate Division, Third Department, New York
[829 NYS2d 259]
Kane, J. Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 25, 2004, convicting defendant upon his plea of guilty of 10 counts of the crime of burglary in the second degree.
During the summer of 2003, a series of burglaries occurred in southern Ulster County in which the perpetrators used crowbars to enter homes during the day. Based on information received from neighbors of the burglarized homes, police began looking for a gold Honda with a moonroof driven by a white male and containing a female fitting a unique description. A few days later, a State Trooper stopped defendant‘s car, which matched the description of the car suspected of involvement in the burglaries, after defendant failed to signal a turn. Within a minute, and while the Trooper was still speaking with defendant, an investigator arrived and approached defendant‘s car. During the ensuing conversation, defendant told the officers that he had just dropped off a friend, provided a description of her which matched the woman police were looking for and stated that he had been on parole for burglary. Defendant offered to allow the officers to search his car, revealing gloves and two crowbars. This entire roadside encounter lasted between three to five minutes. After defendant voluntarily accompanied the officers to the police barracks, he made incriminating statements and confessed to committing several burglaries.
Following his indictment on 10 counts of burglary in the second degree, defendant moved to suppress evidence seized from his car and home and his statements to police. When County Court denied the motion, defendant pleaded guilty to all 10 counts of the indictment. On appeal, he contests the denial of his suppression motion based on the propriety of the roadside encounter and the sentence imposed.
County Court properly denied defendant‘s suppression motion. The Trooper was permitted to stop defendant‘s vehicle and approach him as a result of a traffic violation, his failure to signal a right-hand turn (see