People v. Newton
| Citation | 180 A.D.2d 764,580 N.Y.S.2d 397 |
| Parties | The PEOPLE, etc., Respondent, v. Robert NEWTON, Appellant. |
| Decision Date | 18 February 1992 |
| Court | New York Supreme Court Appellate Division |
Gary Cohen, Brooklyn, for appellant.
Richard A. Brown, Dist. Atty., Kew Gardens (Merri Turk Lasky, of counsel), for respondent.
Before THOMPSON, J.P., and ROSENBLATT, LAWRENCE and MILLER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered August 13, 1990, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress identification testimony and physical evidence.
ORDERED that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50(5).
Contrary to the defendant's contentions, the hearing court properly concluded that his arrest was supported by probable cause. A review of the record reveals that the defendant was placed under arrest after an off-duty Corrections Officer informed several police officers that the defendant had assaulted him. It is well settled that 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, e.g., People v. Bilski, 170 A.D.2d 517, 566 N.Y.S.2d 82; People v. Grams, 166 A.D.2d 717, 561 N.Y.S.2d 296; People v. Bero, 139 A.D.2d 581, 584, 526 N.Y.S.2d 979; People v. Phillips, 120 A.D.2d 621, 502 N.Y.S.2d 229; People v. Tidwell, 122 A.D.2d 289, 504 N.Y.S.2d 787). The hearing court was in a position to hear and see the witnesses testify, and its decision to credit the People's witnesses is neither erroneous as a matter of law nor contrary to the weight of the evidence (see, People v. Prochilo, 41 N.Y.2d 759, 395 N.Y.S.2d 635, 363 N.E.2d 1380; see also, People v. Foster, 173 A.D.2d 841, 571 N.Y.S.2d 948; People v. Francois, 155 A.D.2d 685, 548 N.Y.S.2d 256; People v. McEachin, 148 A.D.2d 551, 538 N.Y.S.2d 879; People v. Singletary, 135 A.D.2d 757, 522 N.Y.S.2d 872).
The defendant's remaining contentions are either unpreserved for appellate review or lacking in merit (see, e.g., People v. Beltraz, 165 A.D.2d 745, 746, 560 N.Y.S.2d 190; People v. Beckwith, 163 A.D.2d 863, 558 N.Y.S.2d 394; People v. Tyson, 160 A.D.2d...
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Guntlow v. Barbera
...another individual of a specific crime is legally sufficient to provide the police with probable cause to arrest" ( People v. Newton, 180 A.D.2d 764, 764, 580 N.Y.S.2d 397 [1992]; see People v. Bailey, 295 A.D.2d 758, 759, 744 N.Y.S.2d 231 [2002], lv. denied 99 N.Y.2d 533, 752 N.Y.S.2d 593,......
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...the police had probable cause to arrest defendant (see, Pomento v. City of Rome, 231 A.D.2d 875, 876, 647 N.Y.S.2d 604; People v. Newton, 180 A.D.2d 764, 580 N.Y.S.2d 397). We reject defendant's further contentions that the verdict with respect to assault in the second degree is not support......
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People v. Burton
...another individual of a specific crime is legally sufficient to provide the police with probable cause to arrest (see, People v. Newton, 180 A.D.2d 764, 580 N.Y.S.2d 397; People v. Bingham, 176 A.D.2d 740, 574 N.Y.S.2d 810). The record reveals that immediately after the attack, a detective ......
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People v. Martin
...to provide the police with probable cause to arrest" (People v. Burton, 194 A.D.2d 683, 684, 599 N.Y.S.2d 108; see, People v. Newton, 180 A.D.2d 764, 580 N.Y.S.2d 397; People v. Douglas, 138 A.D.2d 731, 732, 526 N.Y.S.2d 544). When the witness supplying information to the police is an ident......