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People v. Williams

'Huntley', 'Dunaway' Hearing Granted as Summary Denial of Suppression Motions Disfavored

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*1 Defendant is charged by superceding misdemeanor information with one count of Assault in the Third Degree in violation of Penal Law §120.00(01); one count of Criminal Trespass in the Second Degree in violation of Penal Law §140.15; one count of Endangering the Welfare of a Child in violation of Penal Law §260.10(01); and one count of Harassment in the Second degree in violation of Penal Law §240.26(01)).Defendant moves for an order 1) precluding the People from use at trial defendant’s prior criminal history or prior uncharged criminal, vicious, or immoral conduct; 2) suppressing certain statements allegedly made by defendant, or in the alternative, granting a Huntley/Dunaway hearing to determine the admissibility of such statements.It is alleged that on June 28, 2017 at approximately 10:30 p.m., at 126 South 7th Avenue, Apartment 80, in the City of Mount Vernon, County of Westchester and State of New York, the defendant entered into the residence of the victim, Nicole Duncan. Once inside the residence the defendant got into a verbal altercation with the victim. The defendant allegedly struck the victim in the face multiple times with his fists, causing the victim to fall to the ground. As a result of the defendant’s action the victim called the police and was transported and treated at Montefiore Hospital for her injuries. The victim provided the Mount Vernon Police with both an oral and written statement regarding the incident.Shortly after the incident at the aforementioned location, at approximately 12:05 a.m. on June 29, 2017, the defendant walked into Mount Vernon Police Headquarters and asked to file a report, and a complaint against Nicole Duncan. Police Officer Mitchell who had been at Montefiore Hospital speaking to the victim was notified of the defendant’s presence at Mount Vernon Police Headquarters and came back to Police Headquarters to meet with the defendant.

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