People v. Chilcott
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered November 20, 2000, convicting him of assault in the second degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress his statements to law enforcement officials.
Ordered that the judgment is affirmed.
The defendant contends that he was unlawfully arrested in his apartment without a warrant in violation of Payton v New York (445 US 573 [1980]), requiring the suppression of his subsequent statements made to the police. The hearing court credited the testimony of the arresting officers and found that no Payton violation occurred because the police entry into the apartment was consensual. We decline to disturb that determination, as it is supported by the record (see People v Hichez, 240 AD2d 678, 679 [1997]).
The defendant’s contention that the evidence was legally insufficient to support his conviction of assault in the second
Case-law data current through December 31, 2025. Source: CourtListener bulk data.