| People v Johnson |
| 2011 NY Slip Op 02186 [82 AD3d 1624] |
| March 25, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Jaquawn O.Johnson, Appellant. |
—[*1]
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), renderedNovember 1, 2007. The judgment convicted defendant, upon his plea of guilty, of robbery in thefirst degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofrobbery in the first degree (Penal Law § 160.15 [4]). County Court properly refused tosuppress defendant's statements to the police. The testimony at the suppression hearing supportsthe court's conclusion that those statements were not the product of a Payton violation.Defendant was not arrested at his home but, rather, he voluntarily consented to accompany thepolice officers to the police station and made the statements in question there (see People v Locke, 25 AD3d 877,878-879 [2006], lv denied 6 NY3d 835 [2006]; People v Shene, 291 AD2d 823[2002], lv denied 98 NY2d 655 [2002]). Present—Scudder, P.J., Fahey, Carni,Green and Gorski, JJ.