People v. Lawson-Varsier, 138 A.D.3d 486 (N.Y. App. Div. 2016). · Go Syfert
People v. Lawson-Varsier, 138 A.D.3d 486 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Kayumov (nyappdiv, 2024-10-31)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) People v. Kayumov
N.Y. App. Div. · 2024 · confidence medium
Although the felony complaint, indictment, voluntary disclosure form, arraignment transcript, and search warrant affidavit disclosed to defendant provided him with "detailed information about the sequence of events leading up to his arrest" ( People v Lawson-Varsier , 138 AD3d 486, 487 [1st Dept 2016]; see also People v Roberts , 23 AD3d 245, 245-246 [1st Dept 2005], lv denied 6 NY3d 817 [2006]), he failed to controvert the specific information provided by the People or to establish any other basis for suppression ( see People v Jones , 95 NY2d 721, 729 [2001]; see generally People v Mendoza ,…
discussed Cited as authority (rule) People v. Esperanza
N.Y. App. Div. · 2022 · confidence medium
The People's reliance on People v Lawson-Varsier ( 138 AD3d 486, 487 [1st Dept 2016] [holding that the lower court did not error in summarily denying the defendant's motion to suppress evidence where the "[d]efendant received detailed information about the sequence of events leading up to his arrest"]) is clearly misplaced.
discussed Cited as authority (rule) People v. Esperanza
N.Y. App. Div. · 2022 · confidence medium
The People's reliance on People v Lawson-Varsier ( 138 AD3d 486, 487 [1st Dept 2016] [holding that the lower court did not error in summarily denying the defendant's motion to suppress evidence where the "[d]efendant received detailed information about the sequence of events leading up to his arrest"]) is clearly misplaced.
cited Cited "see" People v. A.R.
nyeriectyct · 2024 · signal: see · confidence high
See, People v. Lawson-Varsier, 138 AD3d 486 , 486—87 (1st.
cited Cited "see" People v. A.R.
nyeriectyct · 2024 · signal: see · confidence high
See, People v. Lawson-Varsier, 138 AD3d 486 , 486—87 (1st.
The People of the State of New York, Respondent,
v.
Darryl Lawson-Varsier, Appellant
770 1156/12.
Appellate Division of the Supreme Court of the State of New York.
Apr 12, 2016.
138 A.D.3d 486
Friedman, Sweeny, Saxe, Richter, Kahn.
Cited by 6 opinions  |  Published

Judgment, Supreme Court, New York County (Carol Berk-man, J., at motions; Daniel P. Conviser, J., at jury trial and sentencing), rendered March 5, 2013, convicting defendant of criminal possession of stolen property in the third degree, criminal possession of a forged instrument in the second degree (two counts), and identity theft in the first degree, and sentencing him to an aggregate term of five years’ probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s overall course of conduct supports the inference that he was a participant in a criminal scheme, acting, at least, as a lookout (see e.g. People v Rodriguez, 52 AD3d 249 [1st Dept 2008], lv denied 11 NY3d 741 [2008]), and his accessorial liability rendered him a joint possessor of the fruits and instrumentalities of the scheme. In addition to defendant’s lookout-like behavior, “a reasonable jury could conclude that only trusted members of the operation would be permitted to [be present]” as defendant’s companions[*487] engaged in criminal activity (People v Bundy, 90 NY2d 918, 920 [1997]).

The motion court properly denied, without granting a hearing, defendant’s motion to suppress physical evidence. Defendant received detailed information about the sequence of events leading up to his arrest, and the allegations in his moving papers were insufficient to create a factual dispute requiring a hearing (see People v Long, 36 AD3d 132 [1st Dept 2006], affd 8 NY3d 1014 [2007]), because defendant failed to “either controvert the specific information that was provided by the People . . . or to provide any other basis for suppression” (People v Arokium, 33 AD3d 458, 459 [1st Dept 2006], lv denied 8 NY3d 878 [2007]).

Concur — Friedman, J.P., Sweeny, Saxe, Richter and Kahn, JJ.