People v. Catala

Citation603 N.Y.S.2d 562,198 A.D.2d 293
PartiesThe PEOPLE, etc., Respondent, v. Robert CATALA, Appellant.
Decision Date08 November 1993
CourtNew York Supreme Court Appellate Division

Susan B. Marhoffer, White Plains, for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Moira E. Casey, and Fredericka Bashir, of counsel), for respondent.

Before THOMPSON, J.P., and BALLETTA, MILLER and JOY, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rienzi, J), rendered November 15, 1990, convicting him of robbery in the first degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and certain statements made by the defendant to law enforcement officials.

ORDERED that the judgment is affirmed.

The defendant, who fit the description of a reported robbery suspect, was observed at night by police in a "robbery prone" location behaving suspiciously. When the plainclothes police followed the defendant into a building, the defendant initially "lunged" toward them, simulating that he had a weapon in his pocket. As a result, the defendant was stopped and frisked and a knife was recovered from his pocket. While the defendant was being detained in the building, a man passed by and identified the defendant to the police as the man who had robbed him on a prior occasion. At that point the defendant was arrested.

We agree with the hearing court that the police had probable cause to arrest the defendant when he was identified by a victim as the perpetrator of another crime (see, People v. Morro, 165 A.D.2d 719, 720, 564 N.Y.S.2d 258; People v. Crosby, 91 A.D.2d 20, 28, 457 N.Y.S.2d 831). The hearing court's determinations as to credibility are afforded great weight on appeal and should not be disturbed unless clearly unsupported by the evidence (see, People v. Prochilo, 41 N.Y.2d 759, 395 N.Y.S.2d 635, 363 N.E.2d 1380; People v. Almodovar, 168 A.D.2d 454, 562 N.Y.S.2d 236).

Further, under the circumstances of this case, we agree with the People that the testimony regarding the defendant's possession of a knife, the passerby's identification of the defendant as the perpetrator of another crime, and the similarity in clothes worn by the defendant and a...

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12 cases
  • People v. Evans
    • United States
    • New York Supreme Court — Appellate Division
    • February 14, 1995
    ... ... Prochilo, 41 N.Y.2d 759, 395 N.Y.S.2d 635, 363 N.E.2d 1380) and should be upheld unless it is clearly erroneous (see, People v. Belli, 208 A.D.2d 640, 618 N.Y.S.2d 246; People v. Pegues, 208 A.D.2d 773, 617 N.Y.S.2d 783; People v. Catala, 198 A.D.2d 293, 294, 603 N.Y.S.2d 562). We find that there is nothing in the record which supports the defendant's contention that the testimony of the police officers was patently tailored to nullify constitutional objections (see, People v. Stanley, 191 A.D.2d 732, 595 N.Y.S.2d 788; [212 ... ...
  • People v. Maldonado
    • United States
    • New York Supreme Court — Appellate Division
    • July 29, 2015
    ...establish that the alleged plea offer ever was made (see People v. Almonor, 122 A.D.3d at 764, 996 N.Y.S.2d 158 ; People v. Castaneda, 198 A.D.2d at 293, 603 N.Y.S.2d 563 ). Consequently, the defendant did not establish that he was deprived of his right to the effective assistance of counse......
  • People v. Aguirre
    • United States
    • New York Supreme Court — Appellate Division
    • October 2, 1995
    ... ... Overton, 188 A.D.2d 491, 492, 592 N.Y.S.2d 603; see, People v. Prochilo, 41 N.Y.2d 759, 395 N.Y.S.2d 635, 363 N.E.2d 1380; People v. Baez, 208 A.D.2d 638, 617 N.Y.S.2d 203; People v. Catala, 198 A.D.2d 293, 603 N.Y.S.2d 562). The hearing court evaluated the testimony of the detective in the light of common knowledge and ordinary human experience and found it so improbable as to be unworthy of belief. Given the implausible and contrived nature of portions of the detective's ... ...
  • People v. Black
    • United States
    • New York Supreme Court — Appellate Division
    • April 10, 1995
    ...record (see, People v. Belli, 208 A.D.2d 640, 618 N.Y.S.2d 246; People v. Pegues, 208 A.D.2d 773, 617 N.Y.S.2d 783; People v. Catala, 198 A.D.2d 293, 294, 603 N.Y.S.2d 562). We find that there is nothing in the record which supports the defendant's contention that the testimony of the polic......
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