| People v Robinson |
| 2010 NY Slip Op 00883 [70 AD3d 728] |
| February 2, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamelRobinson, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H.Bruffee of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman,J.), rendered May 2, 2005, convicting him of murder in the second degree, upon a jury verdict,and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branchof the defendant's omnibus motion which was to suppress his statement to law enforcementofficials.
Ordered that the judgment is affirmed.
The hearing court properly declined to suppress the defendant's statement made to lawenforcement officials. The statement was obtained in compliance with CPL 140.20 (6) since thepolice immediately notified the defendant's foster mother, the person legally responsible for hiscare, of his arrest and place of detention. The mandates of the Family Court Act regardingparental notification do not apply here because the defendant was arrested as a "juvenileoffender" (People v Vargas, 169 AD2d 746, 747 [1991]; see People v Bonaparte,130 AD2d 673 [1987]; see also CPL 1.20 [42]). In any event, the police satisfied therequirements of the Family Court Act by immediately notifying the defendant's foster motherthat the defendant was taken into custody (see Family Ct Act § 305.2 [3]).Suppression of the statement is not required simply because the foster mother declined to appearat the precinct and chose to designate someone in her place (see Matter of Anthony L.,262 AD2d 51 [1999]; Matter of Jermaine W., 210 AD2d 236, 237 [1994]; People vBonaparte, 130 AD2d at 674-675).
Since the defendant failed to demonstrate the necessity for the appointment of a DNA experton his behalf pursuant to County Law § 722-c, the trial court providently exercised itsdiscretion in denying the defendant's request to appoint and retain such an expert (see Matterof Garfield M., 128 AD2d 876, 877 [1987]; People v Moore, 125 AD2d 501 [1986]).Rivera, J.P., Leventhal, Hall and Sgroi, JJ., concur.