PEOPLE v. HURST

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Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Eric D. HURST, Defendant-Appellant.

Decided: March 31, 1999

PRESENT:  GREEN, J.P., HAYES, PIGOTT, JR., SCUDDER and CALLAHAN, JJ. Lawrence J. Young, of counsel, Syracuse, for defendant-appellant. Cindy Foote Intschert, of counsel, Jefferson County District Attorney's Office, Watertown, for plaintiff-respondent.

County Court properly denied the motion of defendant to suppress his statement to police concerning the location of the gun seized at the arrest scene.   After he was arrested and placed in a police vehicle, defendant spontaneously stated that he had a gun and “should have blown his wife away”.   In response to that statement, an officer asked defendant where the gun was located.   Based on defendant's response, the police located a fully loaded and operational revolver behind some cedar trees in front of defendant's house.   The hearing record established that a number of children, including defendant's children, resided in the neighborhood and that the questioning of defendant was justified by concerns for public safety (see, New York v. Quarles, 467 U.S. 649, 104 S.Ct. 2626, 81 L.Ed.2d 550;  People v. Williams, 191 A.D.2d 526, 595 N.Y.S.2d 61;  People v. Waiters, 121 A.D.2d 414, 502 N.Y.S.2d 530, lv. denied 68 N.Y.2d 760, 506 N.Y.S.2d 1049, 497 N.E.2d 719).

Judgment unanimously affirmed.

MEMORANDUM: