People v. Palacio

CourtNew York Supreme Court Appellate Division
Citation121 A.D.2d 282,503 N.Y.S.2d 56
PartiesThe PEOPLE of the State of New York, Appellant, v. Eladio PALACIO, Defendant-Respondent.
Decision Date19 June 1986

R.L. Stavis, New York City, for appellant.

J.S. Brand, New York City, for defendant-respondent.



Order, Supreme Court, Bronx County (David Levy, J.) entered January 3, 1986, which inter alia suppressed physical evidence recovered from the defendant, unanimously modified on the law and the facts to the extent of reversing that part of the order which suppressed the physical evidence, and otherwise affirmed, and the case remanded to the trial court for further proceedings.

The testimony of the complaining witness and the arresting officer at the omnibus suppression hearing clearly establish that there was probable cause to support the arrest of the defendant and the subsequent seizure of physical evidence from his person.

The victim, Milton Trabal, was stopped on a Bronx street by defendant and his accomplice, who pulled up in a green Oldsmobile, exited the car and pointed a .38 caliber pistol and a shotgun at him and ordered him inside the car. They drove around for several minutes and then parked the car and proceeded to rob the victim of his cash and jewelry, including a distinctive gold chain crucifix. Despite defendant's fumbling attempts to conceal his face with a handkerchief, Trabal was able to thoroughly view him.

The following month, Detective Thomas Gallagher of the Robbery Squad was assigned to investigate a pattern of robberies involving two male Hispanics, one armed with a shotgun and the other with a handgun, using a green automobile. Detective Gallagher interviewed one Benjamin Ortiz, another victim of a robbery fitting this pattern, who had earlier refused to identify the defendant in a lineup and chose not to press charges. Mr. Ortiz told the detective that, in fact, he did recognize defendant in the lineup and knew his home address and that he "hung out" at the ABC Grocery Store at 182nd Street and Crotona Avenue.

This information was confirmed by Trabal, who in an intervi told the detective that prior to the robbery he had seen one of the men who robbed him in the vicinity of the ABC Grocery on 182nd Street and Crotona Avenue.

Thereafter, Detective Gallagher prepared a photo array including defendant's photograph and photographs of other individuals with similar features. The detective showed this array to Mr. Trabal, who pointed at the picture of the defendant and exclaimed "that looks like the guy that robbed me".

Subsequently, Detective Gallagher and his partner proceeded to defendant's home and waited for him. When defendant left the building and...

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10 cases
  • People v. Bell
    • United States
    • New York Supreme Court Appellate Division
    • 15 Marzo 2011
    ...the police with an additional basis to arrest the defendant ( see People v. Medina, 293 A.D.2d 553, 742 N.Y.S.2d 64; People v. Palacio, 121 A.D.2d 282, 503 N.Y.S.2d 56). The jury acquitted the defendant of intentional murder ( see Penal Law § 125.25[1] ), but convicted him of, among other t......
  • People v. Baptiste
    • United States
    • New York Supreme Court Appellate Division
    • 22 Febrero 1994
    ...witness (see, People v. Higgins, 178 A.D.2d 199, 577 N.Y.S.2d 269; People v. Green, 157 A.D.2d 745, 550 N.Y.S.2d 41; People v. Palacio, 121 A.D.2d 282, 503 Page 267 N.Y.S.2d 56; People v. Rhodes, 111 A.D.2d 194, 488 N.Y.S.2d 821; People v. Brewster, 100 A.D.2d 134, 473 N.Y.S.2d 984, aff'd, ......
  • People v. Young
    • United States
    • New York Supreme Court Appellate Division
    • 11 Marzo 1994
    ...arrest defendant for the burglaries and homicide. None of the victims had even tentatively identified defendant (cf., People v. Palacio, 121 A.D.2d 282, 503 N.Y.S.2d 56) and the burglaries allegedly connecting defendant by modus operandi had occurred 2 1/2 to four years earlier. Additionall......
  • Keith v. City of N.Y., 11 Civ. 3577 (KPF)
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 1 Diciembre 2014
    ...were questions about victim's view of the suspect during the incident and victim offered differing descriptions); People v. Palacio, 503 N.Y.S.2d 56, 57 (1st Dep't 1986) (finding probable cause where witness unequivocally exclaimed that photograph "looked like" perpetrator).Page 29 Because ......
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