People v. Hook
Decision Date | 04 February 1965 |
Citation | 257 N.Y.S.2d 344,15 N.Y.2d 776 |
Parties | , 205 N.E.2d 536 The PEOPLE, etc., Respondent, v. Robert HOOK, Appellant. |
Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 21 A.D.2d 752, 251 N.Y.S.2d 901.
Detective of the New York City police department was informed by F.B.I. agents that defendant was a hotel burglar. The detective, who was carrying a picture of the defendant, recognized the defendant, and followed him. The defendant was seen entering a hotel, and about 45 minutes later the defendant emerged from the hotel, carrying a cardboard box, which he did not have when he entered the hotel. When the defendant saw the detective, the defendant walked back into the hotel, and the detective entered the hotel and placed the defendant under arrest. On searching the defendant, the detective found a quantity of jewelry and watches.
The defendant was convicted, on his plea of guilty, of attempted burglary in the third degree. The Supreme Court, New York County, Jacob Markowitz, J., entered judgment, and the defendant appealed.
The Appellate Division unanimously affirmed the judgment.
The defendant appealed to the Court of Appeals, contending that defendant was arrested at a time when the detective had no probable cause to believe that defendant had committed a crime or that a crime had been committed, and that the arrest and search of the defendant were illegal.
Matthew Muraskin and Anthony F. Marra, New York City, for defendant-appellant.
Frank S. Hogan, New York City (H. Richard Uviller and Malvina H. Guggenheim, New York City, of counsel), for respondent.
Judgment affirmed.
All concur.
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