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The People of the State of New York v. Jaquawn O. Johnson

March 25, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JAQUAWN O. JOHNSON,
DEFENDANT-APPELLANT.



Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered November 1, 2007. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.

People v Johnson

Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 25, 2011

PRESENT: SCUDDER, P.J., FAHEY, CARNI, GREEN, AND GORSKI, JJ.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15 [4]). County Court properly refused to suppress defendant's statements to the police. The testimony at the suppression hearing supports the court's conclusion that those statements were not the product of a Payton violation. Defendant was not arrested at his home but, rather, he voluntarily consented to accompany the police officers to the police station and made the statements in question there (see People v Locke, 25 AD3d 877, 878-879, lv denied 6 NY3d 835; People v Shene, 291 AD2d 823, lv denied 98 NY2d 655). Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court

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