People v Taylor, 2016 NY Slip Op 08449 [145 AD3d 555]

December 15, 2016

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Vicki A. Taylor, Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Thomas Farber, J.), rendered October 29, 2013, convicting defendant, upon her plea of guilty, of grand larceny in the third degree, and sentencing her to a conditional discharge for a period of three years, held in abeyance, and the matter remitted to Supreme Court for a Huntley hearing.

As the People concede, defendant’s allegation that her statements to an investigator were involuntarily made was sufficient to require a hearing on her motion to suppress those statements ( see CPL 710.60 [3] [b]). However, to the extent defendant characterizes the relief she requests as a ” Dunaway / Huntley ” hearing, we find that her factual allegations were insufficient to raise any Fourth Amendment issue. Concur—Acosta, J.P., Andrias, Moskowitz, Gische and Webber, JJ..