PEOPLE v. STURIALE (1999)

Defendant appeals from a judgment convicting him upon his guilty plea of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15[3] ) and assault in the first degree (Penal Law § 120.10[1] ) and sentencing him to concurrent terms of incarceration of 4 to 12 years and 2 to 6 years respectively.   Defendant contends that County Court erred in ruling that defendant's oral statements were admissible because those statements were not included in the CPL 710.30 notice;  in finding that police had probable cause to arrest defendant;  and in relying on opinions of the arresting officer and probation officer expressed in the presentence investigation report.

 There is no merit to defendant's contention that the oral statements should have been precluded because the People failed to refer to them in their CPL 710.30 notice.   The written statement attached to the notice was a transcript of the oral statements.   Because the oral statements were equivalent to the written statement, notice of one constituted notice of the other (see, People v. Coleman, 256 A.D.2d 473, 682 N.Y.S.2d 402;  People v. Linderberry, 222 A.D.2d 731, 733, 634 N.Y.S.2d 571, lv. denied 87 N.Y.2d 975, 642 N.Y.S.2d 204, 664 N.E.2d 1267;  People v. Reid, 215 A.D.2d 507, 626 N.Y.S.2d 250, lv. denied 86 N.Y.2d 846, 634 N.Y.S.2d 455, 658 N.E.2d 233;  People v. Martinez, 203 A.D.2d 212, 611 N.Y.S.2d 505).  Further, defendant sought suppression of “any and all” statements made by him.   Because the oral statements were the very subject of the suppression hearing, the sufficiency of the CPL 710.30 notice was irrelevant (see, CPL 710.30[3];  People v. Kirkland, 89 N.Y.2d 903, 904-905, 653 N.Y.S.2d 256, 675 N.E.2d 1208;  People v. Merrill, 87 N.Y.2d 948, 949, 641 N.Y.S.2d 587, 664 N.E.2d 498, revg. on dissent at 212 A.D.2d 987, 624 N.Y.S.2d 702;  cf., People v. Bernier, 73 N.Y.2d 1006, 1008, 541 N.Y.S.2d 760, 539 N.E.2d 588;  People v. Amparo, 73 N.Y.2d 728, 729, 535 N.Y.S.2d 588, 532 N.E.2d 94).   In any event, defendant did not move to preclude, and his claim of preclusion for lack of notice under CPL 710.30 does not survive his guilty plea (see, People v. Taylor, 65 N.Y.2d 1, 3-4, 6-7, 489 N.Y.S.2d 152, 478 N.E.2d 755).

 Although the suppression court failed to make the requisite findings concerning the issue of probable cause (see, CPL 710.60[6];  People v. Ayarde, 220 A.D.2d 519, 520, 632 N.Y.S.2d 174), the record provides an adequate basis for our review.   The statement of an admitted accomplice of defendant provided probable cause to arrest defendant.   The accomplice's basis of knowledge is apparent on the face of the statement.   Further, the reliability of the accomplice was demonstrated by the fact that the statement was against his penal interest (see, People v. Berzups, 49 N.Y.2d 417, 427, 426 N.Y.S.2d 253, 402 N.E.2d 1155;  People v. Perel, 34 N.Y.2d 462, 466, 358 N.Y.S.2d 383, 315 N.E.2d 452;  People v. Messina, 209 A.D.2d 642, 642-643, 619 N.Y.S.2d 135, lv denied 84 N.Y.2d 1035, 623 N.Y.S.2d 191, 647 N.E.2d 463).  Moreover, defendant's inculpatory statement to police furnished probable cause for the arrest (see, People v. Hoover, 251 A.D.2d 348, 672 N.Y.S.2d 810, lv. denied 92 N.Y.2d 899, 680 N.Y.S.2d 63, 702 N.E.2d 848;  People v. Nichols, 250 A.D.2d 370, 672 N.Y.S.2d 326, lv. denied 92 N.Y.2d 881, 678 N.Y.S.2d 28, 700 N.E.2d 566;  People v. Niles, 237 A.D.2d 537, 538, 655 N.Y.S.2d 578, lv. denied 90 N.Y.2d 861, 661 N.Y.S.2d 188, 683 N.E.2d 1062).

We have considered defendant's remaining contention and conclude that it is without merit (see, CPL 390.30[1], [3];  see also, People v. Walworth, 167 A.D.2d 622, 623, 562 N.Y.S.2d 852;  cf., People v. Redman, 148 A.D.2d 966, 539 N.Y.S.2d 203, lv. denied 74 N.Y.2d 745, 545 N.Y.S.2d 120, 543 N.E.2d 763).

Judgment unanimously affirmed.

MEMORANDUM: