People v. Hughes, 280 A.D.2d 694 (N.Y. App. Div. 2001). · Go Syfert
People v. Hughes, 280 A.D.2d 694 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Cruz
N.Y. App. Div. · 2016 · confidence medium
Accordingly, based on the totality of the circumstances, and giving the requisite deference to County Court’s credibility determinations, we agree that the People established that defendant waived his Miranda rights and that his statements were voluntary (see People v DeAngelo, 136 AD3d 1119, 1120 [2016]; People v Nadal, 131 AD3d 729, 729-730 [2015], lv denied 26 NY3d 1041 [2015]; People v Jabaut, 111 AD3d at 1142; People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]).
discussed Cited as authority (rule) PeoplevSabines
N.Y. App. Div. · 2014 · confidence medium
Voluntariness, including as related to claims of impairment by a physical condition or medication, must be determined from the totality of the circumstances (see People v Balram, 47 AD3d 1014, 1014 [2008], lv denied 10 NY3d 859 [2008]; People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]).
discussed Cited as authority (rule) People v. Sabines
N.Y. App. Div. · 2014 · confidence medium
Voluntariness, including as related to claims of impairment by a physical condition or medication, must be determined from the totality of the circumstances (see People v Balram, 47 AD3d 1014, 1014 [2008], lv denied 10 NY3d 859 [2008]; People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]).
discussed Cited as authority (rule) People v. Sabines
N.Y. App. Div. · 2014 · confidence medium
Voluntariness, including as related to claims of impairment by a physical condition or medication, must be determined from the totality of the circumstances (see People v Balram, 47 AD3d 1014, 1014 [2008], lv denied 10 NY3d 859 [2008]; People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2012 · confidence medium
The hearing evidence also supports the County Court’s determination that despite the fact that the defendant was suffering from a stab wound, his subsequent statements were voluntary because he was capable of, and did in fact, intelligently, knowingly, and voluntarily waive his Miranda rights (see People v Legere, 81 AD3d 746, 748 [2011]; People v Timmons, 54 AD3d 883, 885 [2008]; People v Braithwaite, 286 AD2d 507 [2001]; People v Hughes, 280 AD2d 694, 695 [2001]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2012 · confidence medium
The hearing evidence also supports the County Court’s determination that despite the fact that the defendant was suffering from a stab wound, his subsequent statements were voluntary because he was capable of, and did in fact, intelligently, knowingly, and voluntarily waive his Miranda rights (see People v Legere, 81 AD3d 746, 748 [2011]; People v Timmons, 54 AD3d 883, 885 [2008]; People v Braithwaite, 286 AD2d 507 [2001]; People v Hughes, 280 AD2d 694, 695 [2001]).
discussed Cited as authority (rule) People v. James
N.Y. App. Div. · 2011 · confidence medium
In our view, the prosecutor’s comment that the witness testified notwithstanding those repercussions constituted a fair response to defense counsel’s argument (see People v Halm, 81 NY2d 819, 821 [1993]; People v Hughes, 280 AD2d 694, 696-697 [2001], lv denied 96 NY2d 801 [2001]).
discussed Cited as authority (rule) People v. Legere
N.Y. App. Div. · 2011 · confidence medium
“While statements and admissions are properly suppressed as involuntary where an individual is impaired by a physical condition to the extent of undermining his ability to make a choice whether or not to make a statement, voluntariness is a question of fact to be determined from the totality of the circumstances” (People v Hughes, 280 AD2d 694, 695 [2001] [internal quotation marks and citations omitted]; see People v May, 263 AD2d 215, 219 [2000]).
discussed Cited as authority (rule) People v. Caston
N.Y. App. Div. · 2009 · confidence medium
Inasmuch as defendant did not object to the People’s comments during summation that he now asserts violated his right to a fair trial, his appellate challenge to such conduct is not preserved for our review (see People v Valderama, 25 AD3d at 821 ; People v Hughes, 280 AD2d 694, 696 [2001], lv denied 96 NY2d 801 [2001]).
cited Cited as authority (rule) In re Jonathan V.
N.Y. App. Div. · 2008 · confidence medium
(See People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001].) Accordingly, the orders of disposition of the Family Court, New York County (Mary E.
discussed Cited as authority (rule) People v. Timmons
N.Y. App. Div. · 2008 · confidence medium
Moreover, the Supreme Court correctly determined that the defendant’s statements were voluntarily made, despite the fact that he was experiencing pain from an injured wrist (see People v Hughes, 280 AD2d 694, 695 [2001]; People v Ragin, 224 AD2d 642 [1996]).
discussed Cited as authority (rule) People v. Pinkney
N.Y. App. Div. · 2008 · confidence medium
Also, the prosecutor’s comments respecting the proffered defense and the complainant’s credibility were fair response to the defense counsel’s argument on summation (see People v Hughes, 280 AD2d 694, 696 [2001]; People v Elliot, 216 AD2d 576, 577 [1995]; People v Lindsay, 123 AD2d 719, 720 [1986]).
discussed Cited as authority (rule) People v. Balram
N.Y. App. Div. · 2008 · confidence medium
“While statements and admissions are properly suppressed as involuntary where an individual is impaired by a physical condition to the extent of undermining his ability to make a choice whether or not to make a statement, voluntariness is a question of fact to be determined from the totality of the circumstances” (People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001] [internal quotation marks and citations omitted]; see People v May, 263 AD2d 215, 219 [2000], lv denied 94 NY2d 950 [2000]).
discussed Cited as authority (rule) People v. Kirton
N.Y. App. Div. · 2007 · confidence medium
Initially, defendant’s challenge to the Huntley ruling, that County Court (Rosen, J.) should have suppressed his oral statements to police after he was apprehended, is based on the assertion, unsupported at the suppression hearing, that he lost consciousness after the vehicle crashed, rendering him incapable of waiving his rights or giving a voluntary statement (see People v Van Guilder, 29 AD3d 1226, 1227 [2006]; People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]).
discussed Cited as authority (rule) People v. Thompson
N.Y. App. Div. · 2006 · confidence medium
Although defendant had apparently been administered a dose of morphine prior to speaking with the officers, the consistent testimony by Diamond and another officer concerning defendant’s lucidity and coherence supports the suppression court’s determination that defendant’s statements were voluntary (see People v Adams, 31 AD3d 1063, 1065 [2006], lv denied 7 NY3d 845 [2006]; People v Van Guilder, 29 AD3d 1226, 1227-1228 [2006]; People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]).
discussed Cited as authority (rule) People v. Kadry
N.Y. App. Div. · 2006 · confidence medium
The prosecutor’s comment regarding the character of the persons with whom the defendant supposedly associated, though inappropriate, was isolated and not prejudicial (see People v Almonte, 23 AD3d 392 , 394 [2005], lv denied 6 NY3d 831 [2006]; People v Valdes, 291 AD2d 513, 514 [2002]; People v Hughes, 280 AD2d 694, 696-697 [2001]; People v Roopchand, 107 AD2d 35, 36 [1985], affd 65 NY2d 837 [1985]).
discussed Cited as authority (rule) People v. Van Guilder
N.Y. App. Div. · 2006 · confidence medium
While the statement of a sufficiently impaired defendant may be suppressed as involuntary, voluntariness is an issue of fact to be determined from the totality of the circumstances by the trier of fact (see People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]).
cited Cited as authority (rule) People v. Valderama
N.Y. App. Div. · 2006 · confidence medium
The alleged errors now raised were not properly preserved for our review by timely objections (see People v Hughes, 280 AD2d 694, 696 [2001], lv denied 96 NY2d 801 [2001]).
discussed Cited as authority (rule) People v. Lind
N.Y. App. Div. · 2005 · confidence medium
Viewing the totality of the circumstances, and according great weight to the court’s factual and credibility findings, the record supports the court’s determination that defendant’s statement was voluntary and not the product of coercion (see People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]; People v Corey, 233 AD2d 773, 774 [1996], lv denied 89 NY2d 984 [1997]; People v Gillis, 220 AD2d 802, 803 [1995], lv denied 87 NY2d 921 [1996]).
discussed Cited as authority (rule) People v. Mayo
N.Y. App. Div. · 2005 · confidence medium
Upon review of the evidence presented at the Huntley hearing and the videotape itself, we conclude that the court’s determinations were supported by the record, and thus, they will not be disturbed (see People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]; People v Ingraham, 172 AD2d 870 [1991]; People v McCormick, 162 AD2d 878, 879 [1990], lv denied 77 NY2d 841 [1991]).
discussed Cited as authority (rule) People v. Montgomery
N.Y. App. Div. · 2004 · confidence medium
While it is improper for the prosecutor to refer to matters not in evidence by suggesting during summation that, if called to testify, any other correction officer observing the incident would have testified the same as the two officers who did testify (see People v Ashwal, 39 NY2d 105, 109-110 [1976]), we view the comment here in the context of defense counsel’s summation, which asked the jury to consider whether no other officers were called because they might support defendant’s account of the incident and show that he was framed (see People v Hughes, 280 AD2d 694, 696-697 [2001], lv de…
discussed Cited as authority (rule) People v. Comfort
N.Y. App. Div. · 2004 · confidence medium
Thus, the burden shifted to defendant to establish that her statement was involuntary by reason of her diminished mental capacity (see People v Love, 57 NY2d 998, 999 [1982]; People v Hughes, 280 AD2d 694, 695 [2001], lv denied 96 NY2d 801 [2001]; People v Duncan, 279 AD2d 887, 888 [2001], lv denied 96 NY2d 828 [2001]; People v Guillery, 267 AD2d 781, 781 [1999], lv denied 94 NY2d 920 [2000]).
discussed Cited as authority (rule) People v. Baker
N.Y. App. Div. · 2004 · confidence medium
Given the contradictions between defendant’s testimony disavowing her second statement and the testimony of the officer who prepared that statement, the prosecutor’s portrayal of the issue for the jury as being whether defendant or the police officer had lied represents a fair commentary on the evidence (see People v Jones, 283 AD2d 665, 668 [2001], lv denied 96 NY2d 903 [2001]; People v Hughes, 280 AD2d 694, 696 [2001], lv denied 96 NY2d 801 [2001]; cf. People v Russell, 307 AD2d 385, 386 [2003]).
discussed Cited "see" People v. Westervelt
N.Y. App. Div. · 2008 · signal: see · confidence high
In any event, were we to consider such comments, we would not find that they were so “pervasive or flagrant” as to necessitate reversal and a new trial (People v Blair, 32 AD3d 613, 614 [2006]; see People v Hughes, 280 AD2d 694, 696-697 [2001], lv denied 96 NY2d 801 [2001]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Maurice Hughes
Appellate Division of the Supreme Court of the State of New York.
Feb 1, 2001.
280 A.D.2d 694
Rose.
Cited by 27 opinions  |  Published
—Rose, J.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered April 29, 1999, upon a verdict convicting defendant of the crimes of robbery in the first degree, robbery in the second degree, assault in the third degree and resisting arrest.

The charges of the five-count indictment against defendant arose out of his involvement with Saladine Hunter in the robbery of Stephen Greiner on October 14, 1998 in the City of Binghamton, Broome County. After a Huntley hearing, County Court denied defendant’s motion to suppress statements he made following his pursuit and apprehension by a neighbor, identification by Greiner and arrest by police immediately after the robbery. At the conclusion of a jury trial, defendant was found guilty of robbery in the first degree, robbery in the second degree, assault in the third degree and resisting arrest. County Court sentenced defendant to concurrent terms of imprisonment of six years for robbery in the first degree, 3V2 years for[*695] robbery in the second degree, and one year each for the convictions of assault in the third degree and resisting arrest. Defendant appeals.

We find no merit in defendant’s initial contention that County Court erred in denying his suppression motion because his statements were made at a time when he was susceptible to coercive interrogation as a result of pain and discomfort caused by the use of pepper spray in his arrest and by the subsequent “hosing down” needed to remove that spray. While statements and admissions are properly suppressed as involuntary where an individual is impaired by a physical condition to the “extent of under’mining his ability to make a choice whether or not to make a statement” (CPL 60.45 [2] [a]; see, People v May, 263 AD2d 215, 219, lv denied 94 NY2d 950; People v Miller, 244 AD2d 828; People v Gagliardi, 232 AD2d 879, 880), voluntariness is a question of fact to be determined from the totality of circumstances. The initial burden of proving, beyond a reasonable doubt, that each statement sought to be introduced was in fact voluntary rests with the prosecution (see, People v May, supra, at 219). “Once the prosecution has established the legality of police conduct and the defendant’s waiver of rights, the burden of proof at the suppression hearing shifts to the defendant [citation omitted]” (People v Guillery, 267 AD2d 781, lv denied 94 NY2d 920). Furthermore, County Court’s factual findings are entitled to great weight and will only be set aside if clearly erroneous (see, People v May, supra, at 219).

The record reveals that defendant was arrested after Greiner identified him as the individual who robbed him, that he was fully advised of his Miranda rights and that he readily understood and waived those rights. Additionally, each of the three interrogating officers testified that he observed no signs that defendant was under the influence of drugs or alcohol, and two of them further testified that they did not observe defendant suffering from any of the effects of being pepper sprayed. This testimony was uncontroverted and defendant offered no witnesses on his behalf. The prosecution thus carried its burden and established beyond a reasonable doubt that defendant’s statement was voluntary. In response, defendant failed to meet his burden by not introducing evidence to the contrary (see, People v May, supra, at 219). Accordingly, County Court properly denied defendant’s motion to suppress.

Defendant next contends that the evidence at trial was legally insufficient to support his conviction of robbery in the first and second degrees because the prosecution failed to es[*696] tablish that he intended to rob the victim. The standard of review in determining whether evidence is legally sufficient requires a court to view the evidence “in a light most favorable to the prosecution * * * to determine whether ‘there is any valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury * * * and as a matter of law satisfy the proof and burden requirements for every element of the crime charged’ ” (id., at 219-220, quoting People v Bleakley, 69 NY2d 490, 495 [citations omitted]).

Here, Greiner’s testimony at trial and defendant’s admissions established that defendant held a knife to Greiner’s throat, demanded that he surrender his money and took money from his pocket while Hunter restrained him. Greiner’s testimony was corroborated by Kathleen Mahar, who was also present during the incident. Although defendant asserts that he was merely the unwitting recipient of money taken when Greiner refused to pay for drugs delivered to Greiner by Hunter, our review reveals that regardless of the reason the money was taken, the People proved that defendant used physical force for the purpose of preventing resistance while the money was removed from Greiner’s pocket (see, People v Johnson, 215 AD2d 590, lv denied 86 NY2d 843; People v Garcia, 201 AD2d 666, lv denied 83 NY2d 871). This evidence also supports the jury’s finding that defendant’s use of force in conjunction with Hunter’s actions was with the conscious objective of taking the money, thus satisfying all the elements of robbery in the first and second degrees (see, Penal Law §§ 160.10, 160.15; People v Smith, 79 NY2d 309, 314-315; People v Martinez, 173 AD2d 310, lvs denied 78 NY2d 970, 1013).

Defendant next argues that certain remarks made by the prosecutor during his summation were prejudicial and constitute reversible error. However, this contention was not preserved for our review because defendant failed to raise objections during the prosecution’s summation (see, CPL 470.05 [2]; People v Keller, 238 AD2d 758, lv denied 92 NY2d 927). In any event, were we to consider the issue, defendant’s contention would be rejected because he has not shown that the prosecutor’s remarks had “ ‘a decided tendency to prejudice the jury’ ” (People v Halm, 81 NY2d 819, 821, quoting People v Ashwal, 39 NY2d 105, 110). When viewed in the context of the entire summation, the comments cited by defendant, such as noting the unsavory character of the witnesses to the robbery and describing defendant’s claimed lack of participation as “ridiculous,” were not prejudicial for they were a fair response to[*697] defendant’s theory that he was an unwitting recipient of the stolen money and that the prosecution witnesses were lying (see, People v Keller, supra, at 758).

Finally, defendant asserts that the sentence imposed by County Court was harsh and excessive. However, County Court cited defendant’s prior criminal record and imposed concurrent sentences all within the statutory parameters (see, Penal Law § 70.02 [3] [a], [b]; § 70.15 [1]). Significantly, defendant received the most lenient sentence provided for robbery in the second degree and a sentence of only one year more than the minimum term for robbery in the first degree (Penal Law § 70.02 [3] [a], [b]). Thus, we find no reason to disturb County Court’s sentence determination.

Cardona, P. J., Mercure, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.