The People of the State of New York, Respondent, v. Lemoine Adams, Also Known as Vincent Adams, Appellant

New York Supreme Court, Appellate Division1997-11-19

244 A.D.2d 897665 N.Y.S.2d 991

Summary · law.co

Holding. The judgment was unanimously affirmed. The trial court properly denied suppression of the revolver and statements because the defendant's father voluntarily consented to the apartment search with authority to do so, and the defendant's subsequent statements were spontaneous utterances rather than responses to police interrogation.

A defendant convicted of criminal weapon possession appealed, challenging the trial court's denial of his motion to suppress a revolver and statements he made to police. The defendant established he had a reasonable expectation of privacy in the searched apartment where he lived part-time with his father. The appellate court found the search lawful because although the defendant's arrest on a parole violation was the initial reason police entered the apartment, the defendant's father later voluntarily consented to the search in writing, and he had authority to permit police to search areas including the defendant's bedroom where the gun was discovered. The court determined the father's consent was genuine and not coerced. Additionally, statements the defendant made to police were admissible because they were spontaneous rather than the product of police questioning, despite the defendant having previously asserted his right to counsel.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Standing to challenge search based on legitimate expectation of privacy
Validity of third-party consent to search of defendant's bedroom
Authority of parent to consent to search of adult child's room
Whether statements were spontaneous or product of police interrogation after invocation of counsel

Procedural posture

The defendant appealed from a judgment of conviction in Erie County Supreme Court for criminal possession of a weapon in the third degree following a guilty plea.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]), defendant contends that Supreme Court erred in denying his motion to suppress a revolver and oral statements to the police.

Initially, we reject the contention of the People that defendant failed to establish that he has standing to challenge the search of the lower apartment at 168 Hedley Place, Buffalo, New York. The record demonstrates that defendant resided there at least part of the time with his father and had a bedroom there. Thus, defendant established that he had a legitimate expectation of privacy in the premises searched (see, People v Ramirez-Portoreal, 88 NY2d 99, 108).

Defendant’s contention that the revolver should have been suppressed as the fruit of an illegal warrantless search lacks merit. Defendant’s arrest on a parole violation warrant was lawful and did not thereby render the consensual search illegal (see, People v Reynolds, 240 AD2d 517). It is uncontroverted that defendant’s father consented by his words and actions to the police reentry of the apartment after defendant’s lawful arrest (see, People v Gonzalez, 222 AD2d 453, lv denied 88 NY2d 848). After the reentry, the father completed and signed a consent to search form authorizing a search of the apartment. The record supports the court’s determination that the People met their burden of establishing that defendant’s father voluntarily consented to the search of the apartment, including defendant’s bedroom where the revolver was found in plain view (see, People v Gonzalez, 39 NY2d 122, 128), and that he had the authority to consent to that search (see, United States v Matlock, 415 US 164, 171; People v Cosme, 48 NY2d 286, 290; People v Miller, 174 AD2d 989, lv denied 78 NY2d 1078; People v Buggs, 140 AD2d 617). We need not address defendant’s contention that the police lacked probable cause to search the apartment after defendant’s arrest; voluntary consent to search is one of the limited exceptions to the requirement of probable cause (see, People v Gonzalez, supra, at 127).

The record further supports the court’s determination that the oral statements made by defendant to the police after he had invoked his right to counsel were spontaneous and not the result of police interrogation or its functional equivalent (see, People v Rivers, 56 NY2d 476, 479-480, rearg denied 57 NY2d 775; People v Latterell, 224 AD2d 1023, lv denied 88 NY2d 850). When defendant asked a police detective whether the police could “do anything for him”, the detective responded that he could not negotiate a deal but that he would inform the District Attorney that defendant was willing to cooperate. Defendant then implicated himself in two robberies. The statement of the detective “was not one that would be reasonably contemplated to elicit an incriminating response” (People v Self, 213 AD2d 998). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J.—Criminal Possession Weapon, 3rd Degree.) Present—Denman, P. J., Pine, Wisner, Balio and Boehm, JJ.