People v. Jackson
| Decision Date | 15 September 2009 |
| Docket Number | 2008-07751. |
| Citation | 65 A.D.3d 1164,885 N.Y.S.2d 213,2009 NY Slip Op 06572 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. ERWIN JACKSON, Appellant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is modified, on the law, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for resentencing in accordance herewith.
"The credibility determinations of a hearing court are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record" (People v Martinez, 58 AD3d 870, 870-871 [2009]; see People v Prochilo, 41 NY2d 759 [1977]). "The `fellow officer' rule provides that even if an arresting officer lacks personal knowledge sufficient to establish probable cause, the arrest will be lawful if the officer `acts upon the direction of or as a result of communication with a superior or [fellow] officer or another police department provided that the police as a whole were in possession of information sufficient to constitute probable cause to make the arrest'" (People v Ramirez-Portoreal, 88 NY2d 99, 113 [1996], quoting People v Horowitz, 21 NY2d 55, 60 [1967]). Statements of codefendants or accomplices are sufficient to establish probable cause (see People v Catanzaro, 236 AD2d 418 [1997]). Upon reviewing the record, we find that the County Court properly found that the defendant's arrest was supported by probable cause.
The People correctly contend that the County Court erred in finding that they had not proven the defendant's two predicate violent felony convictions beyond a reasonable doubt (see generally Penal Law § 70.08 [1]; CPL 400.15 [7] [a]; People v Scarbrough, 66 NY2d 673 [...
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...at that time.” Id. “Statements of codefendants or accomplices are sufficient to establish probable cause.” People v. Jackson, 65 A.D.3d 1164, 1165, 885 N.Y.S.2d 213 (2d Dep't 2009) (citation omitted); see also People v. McCann, 85 N.Y.2d 951, 953, 626 N.Y.S.2d 1006, 650 N.E.2d 853 (1995) (a......
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