| People v Wilson |
| 2015 NY Slip Op 07524 [132 AD3d 786] |
| October 14, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v James T. Wilson, Appellant. |
Del Atwell, East Hampton, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Greller, J.), rendered April 19, 2012, convicting him of murder in the second 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 a statement he made to law enforcement officials.
Ordered that the judgment is affirmed.
The evidence presented at the Huntley hearing (People v Huntley, 15NY2d 72 [1965]) supported the County Court's finding that the defendant's statement toa detective during the booking process was spontaneous and not the result of custodialinterrogation or its functional equivalent (see People v Williams, 97 AD3d 769, 770 [2012]; People v Taylor, 82 AD3d1133, 1134 [2011]; Peoplev Latimer, 75 AD3d 562, 562-563 [2010]; People v Roper, 208 AD2d571, 571 [1994]). Accordingly, the County Court properly denied that branch of thedefendant's omnibus motion which was to suppress that statement (see People vPadilla, 123 AD2d 364, 364-365 [1986]).
The defendant did not preserve for appellate review his contention that his plea ofguilty was not knowingly, voluntarily, and intelligently made (see People v McFarren, 83AD3d 1209, 1209 [2011]). In any event, the record demonstrates that the defendantunderstood the proceedings and was not impaired by the medication he was taking (see People v Gordon, 107AD3d 739, 740 [2013]).
The defendant's contention that he was deprived of his right to the effectiveassistance of counsel is based on matter dehors the record and, thus, cannot be reviewedon direct appeal (see People vFolger, 110 AD3d 736, 736 [2013]).
The sentence imposed is not excessive (see People v Suitte, 90 AD2d 80[1982]). Mastro, J.P., Balkin, Sgroi and Maltese, JJ., concur.