Burglary Conviction Reversed
Mr. Garnes was convicted of burglary, kidnapping, and related charges stemming from a home invasion in which the perpetrators claimed to be police officers executing a warrant and bound the four complainants before leaving. He was sentenced to an aggregate term of 35 years of incarceration, including a 20-year sentence for kidnapping that was to run consecutively to a 15-year sentence for burglary.
He argued on appeal that a statement he made to the police and the line-up identification should be suppressed because he attempted to call his attorney, indelibly attaching his right to counsel, before purporting to waive Miranda. Appellant also argued that the trial court erred in admitting evidence that he had previously attempted to falsely associate himself with law enforcement and that the kidnapping counts must be dismissed under the merger doctrine.
Crediting all of these arguments, the Second Department reversed appellant’s conviction, on the law, suppressed appellant’s statement and line-up identification, dismissed the kidnapping counts, and ordered a new trial on the remaining counts.
Denise Corsi briefed and argued the case for Appellate Advocates.