People v. Griffin, 2001-10940.
| Court | New York Supreme Court Appellate Division |
| Citation | 15 A.D.3d 502,2005 NY Slip Op 01217,790 N.Y.S.2d 494 |
| Docket Number | 2001-10940. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN GRIFFIN, Appellant. |
| Decision Date | 14 February 2005 |
v.
EDWIN GRIFFIN, Appellant.
Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered November 28, 2001, convicting him of burglary in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The hearing court properly found that the police had probable cause to arrest the defendant. Information provided by an identified citizen accusing another individual of a specific crime is legally sufficient to provide the police with probable cause to arrest (see People v Soto, 279 AD2d 592 [2001]; People v Burton, 194 AD2d 683 [1993]). Here, a witness told the police she had purchased stolen property from the defendant, whom she had known for years, and provided a detective with his nickname and general description, leading to his arrest.
The defendant's claim that the evidence was legally insufficient to establish his guilt of burglary in the second degree and criminal possession of stolen property in the fifth degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
Schmidt, J.P., Santucci, Crane and Skelos, JJ., concur.
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...the defendant of participating in the instant homicide ( see People v. Mendoza, 49 A.D.3d 559, 560, 853 N.Y.S.2d 364; People v. Griffin, 15 A.D.3d 502, 790 N.Y.S.2d 494; People v. Soto, 279 A.D.2d 592, 719 N.Y.S.2d 603; People v. Martin, 221 A.D.2d 568, 568–569, 634 N.Y.S.2d 147; People v. ......
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People v. Riley, Indictment No. 19-0524-01
...the Defendant because they had an accusation against him, made by identified citizens, that he had shot the victim (People v Griffin, 15 A.D.3d 502 [2nd Dept. 2005]). The Defendant has failed to identify, in particular, which physical evidence he seeks to suppress. With respect to evidence ......
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People v. Andrews
...(see People v. Sahadeo, 140 A.D.3d 1093, 34 N.Y.S.3d 139 ; People v. Nealy, 32 A.D.3d 400, 401, 819 N.Y.S.2d 106 ; People v. Griffin, 15 A.D.3d 502, 790 N.Y.S.2d 494 ). However, at the time that the complainant pointed to the defendant and Legister and stated "that's them," the police offic......
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People v. Gutierrez, 2001-11044.
... 15 A.D.3d 502 790 N.Y.S.2d 493 2005 NY Slip Op 01218 THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR GUTIERREZ, Appellant. 2001-11044. Appellate Division of the Supreme Court of the State of New York, Second Department. February 14, 2005. [15 A.D.3d 503] Appeal by the defendant fr......
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People v. Bell
...the defendant of participating in the instant homicide ( see People v. Mendoza, 49 A.D.3d 559, 560, 853 N.Y.S.2d 364; People v. Griffin, 15 A.D.3d 502, 790 N.Y.S.2d 494; People v. Soto, 279 A.D.2d 592, 719 N.Y.S.2d 603; People v. Martin, 221 A.D.2d 568, 568–569, 634 N.Y.S.2d 147; People v. ......
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People v. Riley, Indictment No. 19-0524-01
...the Defendant because they had an accusation against him, made by identified citizens, that he had shot the victim (People v Griffin, 15 A.D.3d 502 [2nd Dept. 2005]). The Defendant has failed to identify, in particular, which physical evidence he seeks to suppress. With respect to evidence ......
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People v. Andrews
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People v. Gutierrez, 2001-11044.
... 15 A.D.3d 502 790 N.Y.S.2d 493 2005 NY Slip Op 01218 THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR GUTIERREZ, Appellant. 2001-11044. Appellate Division of the Supreme Court of the State of New York, Second Department. February 14, 2005. [15 A.D.3d 503] Appeal by the defendant fr......