People v Brown
2021 NY Slip Op 07436 [200 AD3d 1725]
December 23, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 2, 2022


[*1]
 The People of the State of New York, Respondent,
v
Richard Brown, Appellant.

Frank H. Hiscock Legal Aid Society, Syracuse (Thomas M. Leith of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Darienn P. Balin of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Matthew J. Doran, J.), rendered July 15, 2019. The judgment convicted defendant upon his plea of guilty of criminal possession of a controlled substance in the third degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the fourth 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 of, inter alia, criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant's contention, County Court properly determined that his statement at the precinct was attenuated from his allegedly illegal arrest (see United States v Cobb, 182 F3d 933 [10th Cir 1999] [table; text at 1999 WL 311661, *3, 1999 US App LEXIS 9483, *7-9 (1999)]; United States v Edmondson, 791 F2d 1512, 1515-1516 [11th Cir 1986]; People v Bradford, 15 NY3d 329, 333-334 [2010]; see also Rawlings v Kentucky, 448 US 98, 110 [1980]). The court thus properly refused to suppress that statement (see Bradford, 15 NY3d at 333-334). Present—Centra, J.P., Lindley, NeMoyer and Bannister, JJ.