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

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

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

KA 08-00223

Decided: March 25, 2011

PRESENT:  SCUDDER, P.J., FAHEY, CARNI, GREEN, AND GORSKI, JJ. TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DREW R. DUBRIN OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (GEOFFREY KAEUPER OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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 A.D.2d 823, lv denied 98 N.Y.2d 655).

Patricia L. Morgan

Clerk of the Court