People v. Banks
| Decision Date | 05 June 1989 |
| Citation | 542 N.Y.S.2d 280,151 A.D.2d 491 |
| Parties | The PEOPLE, etc., Respondent, v. Michael BANKS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Donald M. Zolin, New York City, for appellant.
Elizabeth Holtzman, Dist. Atty. Brooklyn (Barbara D. Underwood, Carol Teague Schwartzkopf and Nicoletta J. Caferri, of counsel), for respondent.
Before THOMPSON, J.P., and BROWN, LAWRENCE and RUBIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (G. Aronin, J.), rendered May 19, 1986, convicting him of robbery in the first degree, criminal possession of a weapon in the second degree and possession of a knife in violation of Administrative Code of the City of New York, former § 436-5.2(b) (now § 10-133[b], upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress certain physical evidence.
ORDERED that the judgment is affirmed.
It is well settled that information provided by an identified citizen accusing another of a crime is legally sufficient to provide the police with probable cause to arrest (see, People v. Bero, 139 A.D.2d 581, 584, 526 N.Y.S.2d 979; People v. Sanders, 79 A.D.2d 688, 433 N.Y.S.2d 854). In this case, the complainant accompanied the arresting officers in a patrol vehicle to search the surrounding area for his attacker within a short time after the robbery. Several blocks from the site where the robbery occurred, the complainant pointed to a man walking down the street and identified the defendant as the perpetrator. Thus, the arresting officers had probable cause to believe that the defendant had committed the robbery and the officers could properly arrest him (see, People v. McCain, 134 A.D.2d 623, 521 N.Y.S.2d 517, lv. denied 70 N.Y.2d 957, 525 N.Y.S.2d 841, 520 N.E.2d 559; People v. Evans, 123 A.D.2d 328, 506 N.Y.S.2d 221, lv. denied 69 N.Y.2d 827, 513 N.Y.S.2d 1033, 506 N.E.2d 544; People v. Phillips, 120 A.D.2d 621, 502 N.Y.S.2d 229).
Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15[5]. The defendant's flight upon being directed by the police to stop (cf., People v. Howard, 50 N.Y.2d 583, 586, 430 N.Y.S.2d 578, 408 N.E.2d 908, cert. denied 449 U.S. 1023, 101 S.Ct. 590, 66 L.Ed.2d 484) together with the complainant's confirmatory identification of the defendant following the arrest and his identification of a gun recovered within the area of the arrest site as the one used in the robbery, demonstrate that the...
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