People v. Cotton
| Decision Date | 03 October 1988 |
| Citation | 532 N.Y.S.2d 911,143 A.D.2d 680 |
| Parties | The PEOPLE, etc., Respondent, v. Thomas Lee COTTON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Roy J. Lester, Garden City, for appellant.
Denis Dillon, Dist. Atty., Mineola, (Anthony J. Girese and Kathleen M. Cruise, of counsel), for respondent.
Before MOLLEN, P.J., and MANGANO, THOMPSON and BROWN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered January 10, 1986, convicting him of assault in the second degree and resisting arrest, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contentions, his arrest was based upon probable cause. The victim reported to police that he had been menaced by a man with a gun. He described both the gun and the man's attire and also provided police with the name of his assailant. Upon the defendant being located in a nearby park and prior to any police intrusion, the victim was brought to the scene where he positively identified the defendant as the man who had menaced him. It is well settled that information provided by an identified citizen, accusing another identifiable individual of a crime, is sufficient to provide police with probable cause to arrest (People v. Moore, 32 N.Y.2d 67, 343 N.Y.S.2d 107, 295 N.E.2d 780, cert. denied 414 U.S. 1011, 94 S.Ct. 376, 38 L.Ed.2d 249; People v. Sanders, 79 A.D.2d 688, 433 N.Y.S.2d 854; People v. Crespo, 70 A.D.2d 661, 417 N.Y.S.2d 19). The failure to discover a weapon on the defendant's person after a pat-down did not invalidate the probable cause which existed. "Surely where an identifiable private citizen reports that he has just been threatened with a gun, the responding officer[s] cannot be expected to stand by and do nothing" (People v. Hyter, 61 A.D.2d 990, 991, 402 N.Y.S.2d 602).
It was after this pat-down, while the officers were attempting to handcuff the defendant, that he attempted to evade arrest by struggling with the officers on the scene as a result of which one of those officers sustained physical injury. Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find it was legally sufficient to establish the defendant's guilt (see, People v. Moore, 47 A.D.2d 980, 367 N.Y.S.2d 123; see also, People ex rel. Gray v. Tekben, 86 A.D.2d 176, 449 N.Y.S.2d 276, affd....
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People v. Morris
...of the officers' credibility, which was a central issue for the jury to resolve on the resisting arrest charge (see People v. Cotton, 143 A.D.2d 680, 681, 532 N.Y.S.2d 911 [2d Dept.1988] ; People v. Utley, 60 A.D.2d 657, 658, 400 N.Y.S.2d 366 [2d Dept.1977] ; see generally People v. Negron,......
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People v. Morris
...of the officers' credibility, which was a central issue for the jury to resolve on the resisting arrest charge (see People v. Cotton, 143 A.D.2d 680, 681, 532 N.Y.S.2d 911 [2d Dept.1988] ; People v. Utley, 60 A.D.2d 657, 658, 400 N.Y.S.2d 366 [2d Dept.1977] ; see generally People v. Negron,......
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People v. Morris
...of the officers' credibility, which was a central issue for the jury to resolve on the resisting arrest charge ( see People v. Cotton, 143 A.D.2d 680, 681, 532 N.Y.S.2d 911 [2d Dept.1988]; People v. Utley, 60 A.D.2d 657, 658, 400 N.Y.S.2d 366 [2d Dept.1977]; see generally People v. Negron, ......
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Smith v. City of New York
... ... Smith also ... committed disorderly conduct because at the same time, when ... he said what he said, people stopped, they looked, and they ... gathered.” ( Id. at 49:7-49:17.) Officer Alexis ... testified that Sergeant Beharry told them that ... arm as defendant pulled away from him” and sought ... hospital treatment (collecting cases)); People v ... Cotton , 143 A.D.2d 680, 532 N.Y.S.2d 911 (2d Dep't ... 1988) (affirming second-degree assault conviction and ... resisting arrest where officer ... ...