The opinion
People v Jianqiao Lu
2023 NY Slip Op 34735(U)
November 2, 2023
Supreme Court, Westchester County
Docket Number: Ind. No. 23-70515-001
Judge: Robert A. Neary
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
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This opinion is uncorrected and not selected for official
publication.
FILED
AND
ENTERED
.ON I/- J - 20,2.J
WESTCHESTER
COUNTY CLERK
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
·------------------------ ·-----------------------------------------X
THE PEOPLE OF THE STATE OF NEW YORK
.: against - . DECISION AND ORDER
JIANQIAO LU, Ind. No. 23-70515-001
Defendant.
------------------------------------------------. -----------------X
NEARY,J.
The following constitutes the opinion, decision and order of the Court:
The defendant has been indicted for the crimes of Criminal Possession of a
Weapon in. the First Degree, Criminal Possession of a Weapon in the Second Degree and
Criminal Possession of a Weapon in the Third Degree. It is alleged that on or about October 25,
. . .
2021, the defendant did posses~ numerous firearms and large capacity ammunition feeding
devices. , .
FILED"
NOV ~ ;! 2023
,.
l TIMOTHV ~- 11.,vNI
COUNTY ClEHK
COUNTY OF WES'fCHESTER
[* 1]
People v. Jianqiao Lu
Indictment No. 23-70515-001
The defendant claiming to be aggrieved by the improper or unlawful acquisition
of evidence has moved to suppress a statement allegedly made by him on October 25, 2021 at
12:26 P.M. on the ground that the statement was involuntary and made without the benefit of the
Miranda Warnings.
The People must establish the voluntariness of the statement attributed to the ·
defendant beyond a reasonable doubt before it is admissible at trial.
By decision of this Court dated June 6; 2023, pre-trial Huntley and
Sandoval/Ventimiglia hearings were ordered. On November 1, 2023 a hearing was held to
address the Huntley/Dunaway·issues. The Sandoval/Ventimiglia hearing was adjourned until
immediately before jury selection.
At the hearing, the People called as a witness Hastings-on-Hudson Lieutenant .
Robert Gagliardi. The Court finds the testimony of the People's witness to be candid, plausible
and fully credible. The defense presented no• witnesses and offered no evidence. The People's
·exhibits included a search warrant and. supporting affidavit relating to the defendant, his .
residence and several vehicles. This Court makes the following Findings of Facts and
Conclusions of Law:
FINDINGS OF FACTS
On the afternoon of October 25, 2021, New York Police Department detectives
and officers from the Hastings-on-Hudson Police Department executed a valid search warrant
(People's Exhibit 1) at 9 Holly Place in the Westchester Village of Hastings.
Page 2
[* 2]
People v. Jianqiao Lu
Indictment No. 23-70515-001
The warrant named the defendant, his residence and several vehicles as the person
and places to be searched.
In preparation for the execution of the warrant and awaiting the arrival of the New
York Police Department personnel, Hastings-on-Hudson Police then Sergeant Ro.bert Gagliardi
set up a physical surveillance on the above-mentioned two family premises.
At about 12:20 P.M. on that afternoon, ~ergeant Gagliardi observed the defendant
exit the 9 Holly Place building and took him into custody. Upon securing the defendant,
Sergeant Gagliardi asked the defendant if there was anyone else in his apartment and the
defendant responded, in substance, that there was no one in the residence except his two (2) cats.
CONCLUSIONS OF LAW
Dunaway Issue
The probable cause standard is a nonmechanical concept that deals with the
factual and practical considerations of everyday life on which prudent and reasonable men, not
legal technicians, act. [See Maryland v. Pringle, 54 US 366, 370]. What is required is simply a
reasonable ground for belief of guilt. It is a probability not a certainty or even a prima facie
case. [See lllinois v. Gates, 462 US 213,235]. A police officer may draw inferences based upon
his own experiences and training to determine whether probable cause exists. He may also rely
on information provided to him from brother officers whether supplied orally or in writing. [See
People v. Ketcham, 93 NY2d 416,419; People v. Mitchell, 124 AD3d 912,914].
Page 3
[* 3]
People v. Jianqiao Lu .
Indictment No. 23-70515-001
- The fellow officer rule applies in this case since Sergeant_ Gagliardi took the
defendant into custody based upon the written reports of, and conversations with, Officer John
Chilelli, a member of the New York Police Department Intelligence Unit, who provided detailed
information about the defendant's apparent illegal activities involving credit card fraud and
likely illegal possession of firearms. In addition to discussing the evidence of the defendant's
suspicious conduct with Officer Chilelli, Sergeant Gagliardi reviewed the search warrant and
affidavit (People Exhibit 1) issued on October 18, 2021 by New York City Criminal Court Judge
Paul McDonnell upon a showing of reasonable cause to believe evidence of a crime would be
found on the defendant and within his residence and vehicle(s) .
. Huntley Issue
The statement attributed to the defendant that there were only his two (2) cats in
the apartment does not"seem, on its face, to be inculpatory. Nor does it appear to the Court that it
was prompted by any interrogation_ or its functional equivalent requiring administration of the
Miranda rights.
In determining the voluntariness of a statement, the Court must look at all the
. .
· re~evaht factors, and all facts and circumstances must be weighted and considered. ·[See People
v. Carbonaro, 48 Misc.2d 115, aff'd21 NY2d 271, re-argument denied21 NY2d 1040]. Further,
-the Court is entit_kd to ·view the evidence in the light most favorable to the People. [See People
v. Huber, 144 AD2d 583].
Page 4
[* 4]
People v.- Jianqiao Lu
Indictment No. 23-70515-001
Miranda warnings are required when an individual is in custody and being
interrogated. In this case, while the defendant .could be considered in
.
custody, his statement was
not prompted by a question amounting to interrogation. The Court views Sergeant Gagliardi' s
. question regarding any
. . .
persons within the premises, as a good faith effort to clarify an evolving
situation and provide an assessment of what officers executing a "No-Knock" search warrant
involving, among other things, suspected firearms possession, might encounter. Sergeant
Gagliardi's sole focus at that point appears to be the safety of his fellow officers rather than a
ruse to extract an admission from the defendant. [See People v. Flores, 153 AD3d 1186; People
v. Williams, 97 AD3d 769].
Therefore, the defendant's motion to suppress the noticed statement is denied in
its entirety.
This constitutes the opinion, decision and order of this Court.
Dated: White Plains, New York
November 2, 2023
~~ti~ . ROBERT A. NEARY
SUPREME COURT JUSTICE
Catalina Blanco Buitrago
Annmarie Stepancic
Assistant District Attorneys
Westchester County
Office of the District Attorney
Richard J. Daronco Courthouse
111 Martin Luther King Blvd.
White Plains, New York 10601
Page 5
[* 5]
. '
People v. Jianqiao Lu
Indictment No. 23-70515-001
Jianqiao Lu
Inmate No. 265008
Por Se Defendant
Westchester County Jail.
PO Box 10
Valhalla, New York 10595
Page 6
[* 6]