People v. McCree, 113 A.D.3d 557 (N.Y. App. Div. 2014). · Go Syfert
Search
People v. McCree, 113 A.D.3d 557 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case · …some ambiguity in the court's colloquy. at p. 557 ⚠ not in text
8 citation events (8 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. J.M.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
People v. Taveras , 155 AD2d.131, 138 (1st Dept. 1990) (defendant's statement, which the hearing court determined to be a spontaneous utterance, was nevertheless suppressed as the fruit of the illegal police conduct); McCree 113 AD3d at 557 (suppressing spontaneous statement made immediately after illegal arrest).
discussed Cited as authority (rule) People v. Hill (2×)
N.Y. App. Div. · 2017 · confidence medium
This evidence, seized moments after the unlawful search and without any attenuating events, was the direct result of and not sufficiently attenuated from the illegality itself ( see People v McCree , 113 AD3d 557, 558 [1st Dept 2014]).
discussed Cited as authority (rule) People v. Bryant (2×)
N.Y. App. Div. · 2016 · confidence medium
Despite our dissenting colleague’s suggestion otherwise, the problem with the waiver’s validity is not that there was “some ambiguity in the court’s colloquy.” Rather, by using the phrase “as a part of this,” the trial court expressly undercut the principle that a defendant must understand his waiver of appeal to be distinct from the rights forfeited upon a guilty plea (see People v McCree, 113 AD3d 557, 557-558 [1st Dept 2014]; People v Williams, 59 AD3d 339, 341 [1st Dept 2009], lv denied 12 NY3d 861 [2009]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Claude McCree
Appellate Division of the Supreme Court of the State of New York.
Jan 28, 2014.
113 A.D.3d 557
Cited by 5 opinions  |  Published

Defendant’s waiver of his right to appeal was not knowingly, intelligently, and voluntarily made, as neither the court nor defense counsel made clear on the record that defendant understood that the right to appeal is separate and distinct from the numerous other trial rights automatically forfeited upon pleading guilty (see People v Braithwaite, 73 AD3d 656, 657 [1st Dept 2010], lv denied 15 NY3d 849 [2010]; see also People v Lopez, 6 NY3d 248, 256 [2006]). Nor did the written[*558] waiver cure any ambiguity in the on-the-record discussion, as it did not ensure that defendant understood this concept (compare People v Carvajal, 68 AD3d 443 [1st Dept 2009], lv denied 14 NY3d 799 [2010]).

The court should have granted defendant’s suppression motion. As the People concede, under the facts presented the handcuffing of defendant elevated his seizure to an arrest requiring probable cause, and probable cause was absent at the time of the handcuffing. On appeal, the People rely entirely on a claim that the incriminating statement and physical evidence were attenuated from the illegality.

Although the unlawful seizure did not yield any incriminating evidence, the evidence obtained moments later was not sufficiently attenuated (see generally Brown v Illinois, 422 US 590, 603-605 [1975]; Wong Sun v United States, 371 US 471, 486 [1963]). Immediately after defendant and his companion were frisked, while still handcuffed, they asked why they had been stopped, and the officer said, “[Y]ou have a stolen card,” to which defendant replied, “I found it.” After defendant’s statement, the officer searched him and found a stolen credit card. These events were a direct result of and came seconds after the unlawful arrest and frisk, without any intervening events. Therefore, the card and defendant’s statement should have been suppressed as fruit of the initial illegality, notwithstanding that the statement was not the product of any interrogation or coercion (see People v Packer, 49 AD3d 184 [1st Dept 2008], affd 10 NY3d 915 [2008]). Concur — Acosta, J.P., Saxe, Moskowitz and Feinman, JJ.