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People v. Rhames

Statements at Scene of Arrest Unnoticed Under CPL §710.30 Granted Preclusion

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DECISION AND ORDER

*1 The defendant is charged with Attempted Assault in the Third Degree, a violation of Penal Law §110/120.00(1); Menacing in the Second Degree, a violation of Penal Law §120.14(1); Criminal Possession of a Weapon in the Fourth Degree, a violation of Penal Law §265.01(2); and Harassment in the Second Degree, a violation of Penal Law §240.26(1).Defendant moves for an order 1) precluding statements for which proper notice was not given pursuant to CPL §710.30, or in the alternative, granting a Huntley/Dunaway hearing to determine the admissibility of said statements; 2) suppression of physical evidence on the grounds that such evidence was seized unlawfully as the product of an illegal stop and an illegal arrest made without probable cause.It is alleged that on August 21, 2017, at approximately 6:33 p.m., at 7 West 2nd Street, in the City of Mount Vernon, County of Westchester, State of New York, the defendant approached Jae Hin and struck her in the face with a closed fist. The defendant then allegedly went into her vehicle, and took out a knife. She then came back toward the victim and while waving the knife at the victim, stated, “Don’t touch me. I’ll slice you up.” Both the victim and the defendant made 911 calls to members of the Mount Vernon Police Department.Members of the Mount Vernon Police Department arrived on scene shortly thereafter and upon speaking to the defendant, she told the police that she punched the victim because the victim was beating up a little boy. The defendant also stated that she went to her vehicle and got a knife and threatened to cut the victim with said knife. The defendant was then placed under arrest and transported to the Mount

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