People v. Hester

• Decision Date: 10 July 1967
• Citation: 282 N.Y.S.2d 3,28 A.D.2d 909
• Parties: The PEOPLE, etc., Respondent, v. Ernest HESTER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 3

282 N.Y.S.2d 3

28 A.D.2d 909

The PEOPLE, etc., Respondent, v. Ernest HESTER, Appellant.

Supreme Court, Appellate Division, Second Department.

July 10, 1967.

Before BELDOCK, P.J., and BRENNAN, HOPKINS, BENJAMIN and NOLAN, JJ.

MEMORANDUM BY THE COURT.

Judgment of the County Court, Nassau County, rendered April 29, 1966, affirmed.

Defendant was convicted, on his plea of guilty, of robbery in the third degree and petit larceny. On this appeal, he brings up for review an order which denied his motion to suppress certain evidence, claiming that the evidence was obtained by an illegal search and seizure. In our opinion, however, the police officer had reasonable cause to believe in good faith that defendant had committed a felony at the time he stopped the automobile in which defendant was an occupant. Defendant's arrest, therefore, was lawful; and the search and seizure incident to the arrest was also lawful (cf. People v. Santiago, 13 N.Y.2d 326, 331, 247 N.Y.S.2d 473, 196 N.E.2d 881). We find nothing in the conduct of the prosecutor to support defendant's claim that the cross examination deprived him of a fair hearing.