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People v. ShippyPeople v. Shippy

Appellate Division of the Supreme Court of the State of New York
Jul 15, 2008
Versions:53 A.D.3d 590
861 N.Y.S.2d 779

Ordered that the judgment is affirmed.

Contrary to the defendant‘s contention, the police had probable cause to arrest him (see People v Frazier, 33 AD3d 934, 935 [2006]; People v Britz, 239 AD2d 428, 429 [1997]). The defendant was not entitled to suppression of the bag of cocaine that the police recovered after he abandoned it (see People v Martinez, 80 NY2d 444, 448-449 [1992]; People v Wilson, 5 AD3d 408, 409 [2004]). Further, the Supreme Court properly determined that the defendant‘s inculpatory statements, some of which were spontaneous, were all voluntarily made to the police after he received Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) and waived his rights (see People v Howard, 60 NY2d 999, 1001 [1983]; People v Santos, 38 AD3d 574, 575 [2007]; People v Davis, 32 AD3d 445, 445-446 [2006]).

Finally, by pleading guilty, the defendant forfeited his right to the review of his claim that the People‘s CPL 710.30 notice was insufficient (see People v Taylor, 65 NY2d 1, 3 [1985]). In any event, no notice of the photographic identification was required, since evidence of the photographic identification was not admissible at trial on the People‘s case-in-chief (see People v Grajales, 8 NY3d 861, 862 [2007]). Rivera, J.P., Fisher, Lifson and Dillon, JJ., concur.

Case Details

Case Name: People v. Shippy
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jul 15, 2008
Citations: 53 A.D.3d 590; 861 N.Y.S.2d 779
Court Abbreviation: N.Y. App. Div.
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