People v. Rounds, 124 A.D.3d 1351 (N.Y. App. Div. 2015). · Go Syfert
People v. Rounds, 124 A.D.3d 1351 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Reed (nyappdiv, 2017-05-05)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Reed (2×) also: Cited "see"
N.Y. App. Div. · 2017 · confidence medium
That information, coupled with the parole officer’s knowledge of the weapons charge underlying defendant’s parole status, defendant’s history of gang involvement, and the current feud between the gang to which the shooting victim belonged and defendant’s gang, provided the parole officer with a reasonable basis to believe that a firearm would be located in the residence (see generally People v Rounds, 124 AD3d 1351, 1351 [2015], lv denied 25 NY3d 1077 [2015]; People v Nappi, 83 AD3d 1592, 1593-1594 [2011], lv denied 17 NY3d 820 [2011]; *1656 People v Felder, 272 AD2d 884, 884 [2000], l…
discussed Cited as authority (rule) People v. Diallo
N.Y. App. Div. · 2016 · confidence medium
The court properly determined that defendant, who had been shot in the leg and was in the hospital awaiting treatment, was not in custody at the time (see People v Carbonaro, 134 AD3d 1543, 1546-1547 [2015]; People v Rounds, 124 AD3d 1351, 1352 [2015], lv denied 25 NY3d 1077 [2015]).
discussed Cited as authority (rule) People v. Diallo
N.Y. App. Div. · 2016 · confidence medium
The court properly determined that defendant, who had been shot in the leg and was in the hospital awaiting treatment, was not in custody at the time (see People v Carbonaro, 134 AD3d 1543, 1546-1547 [2015]; People v Rounds, 124 AD3d 1351, 1352 [2015], lv denied 25 NY3d 1077 [2015]).
discussed Cited as authority (rule) People v. Carbonaro
N.Y. App. Div. · 2015 · confidence medium
We further conclude that defendant was not in custody when he was questioned by the same deputy in the hospital trauma bay, where defendant again admitted that he was driving, and that such admission therefore was not obtained in violation of defendant’s Miranda rights (see People v Rounds, 124 AD3d 1351, 1352 [2015], lv denied 25 NY3d 1077 [2015]; People v Gore, 117 AD3d 845, 846 [2014], lv denied 24 NY3d 1084 [2014]).
discussed Cited as authority (rule) People v. Carbonaro
N.Y. App. Div. · 2015 · confidence medium
We further conclude that defendant was not in custody when he was questioned by the same deputy in the hospital trauma bay, where defendant again admitted that he was driving, and that such admission therefore was not obtained in violation of defendant’s Miranda rights (see People v Rounds, 124 AD3d 1351, 1352 [2015], lv denied 25 NY3d 1077 [2015]; People v Gore, 117 AD3d 845, 846 [2014], lv denied 24 NY3d 1084 [2014]).
cited Cited as authority (rule) People v. Bermudez
nycountyct · 2015 · confidence medium
People v Rounds, 124 AD3d 1351, 1351 (4th Dept 2015). .
discussed Cited "see" People v. Palmer
N.Y. App. Div. · 2022 · signal: see · confidence high
Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and giving due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the [suppression] hearing establishes that defendant was not in custody when [she] made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Roun…
discussed Cited "see" People v. Green
N.Y. App. Div. · 2021 · signal: see · confidence high
Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and according due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Rounds , 1…
discussed Cited "see" People v. Baez
N.Y. App. Div. · 2019 · signal: see · confidence high
Here, upon review of the relevant factors ( see People v Lunderman , 19 AD3d 1067, 1068-1069 [4th Dept 2005], lv denied 5 NY3d 830 [2005]) and giving due deference to the hearing court's credibility determinations ( see People v Clark , 136 AD3d 1367 , 1368 [4th Dept 2016], lv denied 27 NY3d 1130 [2016]), we conclude that "the evidence at the Huntley hearing establishes that defendant was not in custody when he made the statements, and thus Miranda warnings were not required" ( People v Bell-Scott , 162 AD3d 1558 , 1559 [4th Dept 2018], lv denied 32 NY3d 1169 [2019]; see People v Rounds , 124 …
discussed Cited "see" REED, CHARLES, PEOPLE v
N.Y. App. Div. · 2017 · signal: see · confidence high
Contrary to defendant’s further contention, the record supports the court’s determination that “ ‘the assistance of police officers at the scene did not render the search a police operation’ ” (People v Farmer, 136 AD3d 1410, 1411 , lv denied 28 NY3d 1027 ; see Rounds, 124 AD3d at 1351 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Mark A. Rounds
Appellate Division of the Supreme Court of the State of New York.
Jan 2, 2015.
124 A.D.3d 1351
Centra, Dejoseph, Fahey, Valentino, Whalen.
Cited by 13 opinions  |  Published

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered June 20, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that the weapon seized from his residence was the product of an illegal search and that Supreme Court therefore erred in refusing to suppress it. We reject that contention. The search was conducted by parole officers “in furtherance of parole purposes and related to [their] dut[ies] as . . . parole officer[s]” (People v Johnson, 63 NY2d 888, 890 [1984], rearg denied 64 NY2d 647 [1984] [internal quotation marks omitted]; see People v Davis, 101 AD3d 1778, 1779 [2012], lv denied 20 NY3d 1060 [2013]; People v Scott, 93 AD3d 1193, 1194 [2012], lv denied 19 NY3d 967 [2012], reconsideration denied 19 NY3d 1001 [2012]). The parole officers had a reasonable basis to believe that a gun would be located in the residence based on the suspicious nature of defendant’s statement that he had been shot in the foot by an unknown assailant at his residence, and based on the fact that no evidence of a third-party shooter was uncovered during the police investigation (see People v Nappi, 83 AD3d 1592, 1594 [2011], lv denied 17 NY3d 820 [2011]; see generally People v Huntley, 43 NY2d 175, 181 [1977]). Contrary to defendant’s contention, the fact that the parole officers received assistance from a police officer at the scene did not render the search a police operation requiring a search warrant (see Davis, 101 AD3d at 1779; Nappi, 83 AD3d at 1594; People v Johnson, 54 AD3d 969, 970 [2008]).

[*1352] We reject defendant’s further contention that the court erred in failing to suppress the statements he made to a police officer at the hospital, prior to receiving Miranda warnings. Under the circumstances, we conclude that defendant was not in custody when he made those statements (see People v Drouin, 115 AD3d 1153, 1155-1156 [2014], lv denied 23 NY3d 1019 [2014]; see generally People v Forbes, 182 AD2d 829, 829-830 [1992], lv denied 80 NY2d 895 [1992]). We therefore reject defendant’s further contention that the post-Miranda statements should be suppressed as fruit of the unlawful pre-Miranda questioning (see

People v Adelman, 1 AD3d 1029, 1030 [2003]).

Present — Centra, J.P, Fahey, Valentino, Whalen and DeJoseph, JJ.