| People v Brown |
| 2008 NY Slip Op 07420 [55 AD3d 1370] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Arthur Brown,Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered January31, 2006. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the thirddegree (Penal Law § 130.25 [2]), defendant contends that County Court erred in refusing tosuppress his statements to the police on the ground that he was falsely informed that he would becharged with rape in the first degree. We reject that contention. The victim had accused defendant offorcibly raping her and, indeed, the charge of rape in the first degree was presented to the grand jury. Inany event, even assuming, arguendo, that the police knew that defendant was unlikely to be chargedwith rape in the first degree, we cannot conclude "that the deception induced defendant to make a falseconfession, nor was it so fundamentally unfair as to deny defendant his right to due process" (People v Burke, 20 AD3d 932, 933[2005], lv denied 5 NY3d 826 [2005]; see People v Tarsia, 50 NY2d 1, 11 [1980];People v Jordan, 193 AD2d 890, 892 [1993], lv denied 82 NY2d 756 [1993]).Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.