| People v Luciano |
| 2007 NY Slip Op 07018 [43 AD3d 1183] |
| September 25, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Miguel Torres Luciano, Also Known as Fernando Serrano,Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered January 12, 2006, convicting him of murder in the second degree, robbery in the firstdegree (two counts), and criminal possession of a weapon in the fourth degree, upon a juryverdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, ofthat branch of the defendant's omnibus motion which was to suppress his statements to lawenforcement officials.
Ordered that the judgment is affirmed.
The defendant was arrested in his home while the police were executing a valid searchwarrant. "Since the requirements for a search warrant were satisfied, there was no constitutionalinfirmity in the failure of the police to also secure an arrest warrant" (People v Lee, 205AD2d 708, 709 [1994]; see People vBarfield, 21 AD3d 1396 [2005]). Contrary to the defendant's contention, the police hadprobable cause to arrest him on the basis of statements implicating him in the crime by hisaccomplices, one of whom the defendant previously had identified to the police as havinginformation regarding the crime (seePeople v Johnson, 7 AD3d 732, 732-733 [2004]; People v Malik, 265 AD2d 577[1999]; People v Rodriguez, 188 AD2d 564 [1992]). Accordingly, the County Courtproperly denied that branch of the defendant's omnibus motion which was to suppress hisstatements to the police.
The sentence imposed was not excessive (see Penal Law § 70.04 [3] [b];People v Thompson, 60 NY2d 513, 519 [1983]; People v Suitte, 90 AD2d 80[1982]). Spolzino, J.P., Ritter, Dillon and Dickerson, JJ., concur.