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People v Ehinmiakhena (David)
2024 NY Slip Op 50600(U) [82 Misc 3d 132(A)]
Decided on May 21, 2024
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 21, 2024
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Brigantti, J.P., James, Perez, JJ.
570018/17

The People of the State of New York, Respondent,

against

David Ehinmiakhena, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Joanne B. Watters, J., on suppression motion; Sheryl L. Parker, J.H.O., at plea and sentencing), rendered December 9, 2016, convicting him, upon his plea of guilty, of facilitating aggravated unlicensed operation of a motor vehicle in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Joanne B. Watters, J., on suppression motion; Sheryl L. Parker, J.H.O., at plea and sentencing), rendered December 9, 2016, affirmed.

The court properly denied, without a hearing, defendant's motion to suppress. Regardless of the legality of the police stop of defendant's vehicle, the defendant's identity, his Department of Motor Vehicle records and the officers' post-stop observations of defendant were not suppressible fruits of unlawful police conduct (see People v Tolentino, 14 NY3d 382, 384-385 [2010], cert dismissed 563 US 123 [2011]; People v Maldonado, 221 AD3d 546, 547 [2023]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: May 21, 2024