PEOPLE, res, v. DEVONTAE MCULLIN, def-ap

3517. PEOPLE, res, v. DEVONTAE MCULLIN, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for res — Appeal from judgment, Supreme Court, New York County (Thomas Farber, J.), rendered January 22, 2013, convicting defendant, upon his plea of guilty, of burglary in the first degree (two counts) and attempted rape in the first degree, and sentencing him to concurrent terms of 13 years, unanimously held in abeyance, and the matter remitted for a Mapp/Dunaway hearing to determine whether defendant was arrested without probable cause and, if so, what evidence, if any, should be suppressed on the ground that it was obtained as the result of such unlawful arrest.

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3517. PEOPLE, res, v. DEVONTAE MCULLIN, def-ap — Seymour W. James, Jr., The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for res — Appeal from judgment, Supreme Court, New York County (Thomas Farber, J.), rendered January 22, 2013, convicting defendant, upon his plea of guilty, of burglary in the first degree (two counts) and attempted rape in the first degree, and sentencing him to concurrent terms of 13 years, unanimously held in abeyance, and the matter remitted for a Mapp/Dunaway hearing to determine whether defendant was arrested without probable cause and, if so, what evidence, if any, should be suppressed on the ground that it was obtained as the result of such unlawful arrest.

Defendant was indicted on the charges to which he ultimately pleaded guilty based on an incident that occurred at approximately 11:30 a.m. on October 11, 2011, at an apartment in a building on West 130th Street in Manhattan. According to the felony complaint, which was signed by a police detective at about 3:50 p.m. on October 13, 2011, the victim told the police that she had been attacked by a knife-wielding “unknown male” she had discovered in her bedroom; the attacker had fled when another person tried to open the door to the room. While the victim herself apparently was unable to tie defendant to the crime, the complaint states that another informant told the police — at an unspecified time — that he or she had 280

PEOPLE, res, v. DEVONTAE MCULLIN, def-ap

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