| People v Sancho-Hernandez |
| 2013 NY Slip Op 03349 [106 AD3d 841] |
| May 8, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Hector Sancho-Hernandez,Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Hayes, J.), rendered November 29, 2010, convicting him of rape in the first degree,upon his plea of guilty, and imposing sentence. The appeal brings up for review thedenial, after a hearing, of that branch of the defendant's omnibus motion which was tosuppress his statements to law enforcement officials.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record supports the County Court'sfinding that the defendant was arrested in the public hallway outside of his apartment. Inaddition, the hearing evidence demonstrates that the defendant voluntarily left hisapartment and was not coerced into doing so by the arresting officers. Consequently, thearrest of the defendant was not in violation of Payton v New York (445 US 573[1980]). Accordingly, the court properly denied that branch of the defendant's omnibusmotion which was to suppress his statements to law enforcement officials as the fruit ofan illegal arrest (see People vCameron, 74 AD3d 1223, 1224 [2010]; People v Morales, 250 AD2d782, 783 [1998]; see alsoPeople v Johnson, 82 AD3d 1624 [2011]).
The sentence imposed was not excessive (see People v Farrar, 52 NY2d 302,305 [1981]; People v Suitte, 90 AD2d 80, 83-85 [1982]; see also People v Turnbull, 52AD3d 747 [2008]). Mastro, J.P., Leventhal, Sgroi and Cohen, JJ., concur.