People v. Miner
| Decision Date | 30 June 1977 |
| Parties | , 366 N.E.2d 1353 The PEOPLE of the State of New York, Respondent, v. Carol MINER, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Matthew Muraskin and James J. McDonough, Mineola, for appellant.
Denis Dillon, Dist. Atty. (Steven R. Bernhard, William C. Donnino and Philip L. Tomich, Mineola, of counsel), for respondent.
The evidence needed to establish probable cause to justify an arrest does not have to be such as to warrant a conviction (Adams v. Williams, 407 U.S. 143, 149, 92 S.Ct. 1921, 32 L.Ed.2d 612). In our view there was sufficient evidence for the trial court to find that the officer had probable cause to believe that the defendant committed a crime (see, e. g., People v. Oden, 36 N.Y.2d 382, 368 N.Y.S.2d 508, 329 N.E.2d 188) and therefore the arrest was a proper one. The search incident to that arrest was authorized (People v. Perel, 34 N.Y.2d 462, 358 N.Y.S.2d 383, 315 N.E.2d 452).
Order affirmed in a memorandum.
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