People v. Brinson
Opinion of the Court
Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered November 24, 2004. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree and robbery in the second degree (two counts).
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of robbery in the second degree (Penal Law § 160.10 [1], [2] [a]) and one count of burglary in the first degree (§ 140.30 [2]). For the reasons set forth in our decision affirming the judgment of conviction of a codefendant {People v Delarosa, 28 AD3d 1186 [2006]), we conclude that County Court did not err in refusing to suppress the tangible evidence seized by the police. We further reject the contention of defendant that the court erred in refusing to suppress his statement to the police on the ground that it was elicited in violation of his right to counsel as guaranteed by the New York Constitution. Where, as here, the right to counsel is
Case-law data current through December 31, 2025. Source: CourtListener bulk data.