Appellate Division of the Supreme Court of New York, 2011

People v. Barley

Appellate Division of the Supreme Court of New York · Decided March 15, 2011

82 A.D.3d 996; 919 N.Y.2d 86

Cases that cite this one

20 later published cases cite this decision.

People v. Goldson (Appellate Division of the Supreme Court of New York 2016)
People v. Simon-Roberson (Appellate Division of the Supreme Court of New York 2022)
People v. South (Appellate Division of the Supreme Court of New York 2021)
People v. Ward (Appellate Division of the Supreme Court of New York 2020)
People v. Ward (Appellate Division of the Supreme Court of New York 2019)
People v. Adams (Appellate Division of the Supreme Court of New York 2018)
People v. Foster (Appellate Division of the Supreme Court of New York 2017)
People v. Powell (Appellate Division of the Supreme Court of New York 2015)
People v. Wallace (Appellate Division of the Supreme Court of New York 2015)
People v. Fletcher (Appellate Division of the Supreme Court of New York 2015)
People v. Fletcher (Appellate Division of the Supreme Court of New York 2015)
People v. Lewis (Appellate Division of the Supreme Court of New York 2014)
People v. Lewis (Appellate Division of the Supreme Court of New York 2014)
People v. Dunbar (Appellate Division of the Supreme Court of New York 2013)
People v. Dunbar (Appellate Division of the Supreme Court of New York 2013)
People v. Lewis (Appellate Division of the Supreme Court of New York 2013)
People v. Lewis (Appellate Division of the Supreme Court of New York 2013)
People v. Anderson (Appellate Division of the Supreme Court of New York 2012)
People v. Johnson (Appellate Division of the Supreme Court of New York 2011)
People v. Cole (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Contrary to the defendant’s contention, the Supreme Court properly denied that branch of his omnibus motion which was to suppress a statement he made to law enforcement officials. The defendant’s statement, although made before being informed of his Miranda rights (see Miranda v Arizona, 384 US 436 [1966]), was spontaneous and “was not triggered by any police questioning or other conduct which reasonably could have been expected to elicit a declaration from him” (People v Castro, 73 AD3d 800, 801 [2010]; see People v Henderson, 57 AD3d 562 [2008]).

*997Moreover, the credibility determinations of a hearing court are accorded deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v Prochilo, 41 NY2d 759 [1977]; People v George, 78 AD3d 728 [2010]; People v Pearson, 20 AD3d 575, 576 [2005]; People v Rivera, 186 AD2d 692 [1992]). Here, the hearing testimony of a police officer, who stated that he observed the defendant in possession of a gun in plain view inside the defendant’s vehicle after stopping the vehicle for a traffic violation, was not incredible and did not appear to have been patently tailored to nullify constitutional objections (see People v James, 19 AD3d 617 [2005]; People v Foster, 173 AD2d 841 [1991]).

The defendant’s remaining contention is unpreserved for appellate review and, in. any event, without merit. Angiolillo, J.E, Florio, Leventhal and Miller, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.