People v. Rodriguez
| Decision Date | 10 December 1990 |
| Parties | The PEOPLE, etc., Respondent, v. Nelson RODRIGUEZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
David G. Secular, New York City, for appellant.
Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen, Anthea H. Bruffee and Aaron R. Morrill, of counsel), for respondent.
Before BRACKEN, J.P., and HARWOOD, MILLER and RITTER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Finnegan, J.), rendered March 4, 1987, convicting him of kidnapping in the first degree (two counts), robbery in the first degree (two counts), sexual abuse in the first degree (three counts), assault in the second degree, burglary in the first degree (two counts) and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence of concurrent indeterminate terms of 25 years to life imprisonment on the convictions of kidnapping in the first degree, concurrent indeterminate terms of 12 to 24 years imprisonment on the convictions of robbery in the first degree, to run consecutively to the sentences imposed on the kidnapping counts, three and one-half to seven years imprisonment on the first conviction for sexual abuse in the first degree, to run consecutively to the first kidnapping count, concurrent indeterminate terms of three and one-half to seven years imprisonment on the second and third convictions of sexual abuse in the first degree as well as assault in the second degree, to run consecutive to the first sexual abuse count, concurrent indeterminate terms of 12 1/2 to 25 years imprisonment on the convictions of burglary in the first degree, to run consecutively to the sentences imposed on the assault and burglary convictions, and one year on the conviction of criminal possession of stolen property. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements made by him to law enforcement officials.
ORDERED that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by providing that the sentences for sexual abuse in the first degree (three counts) and assault in the second degree shall run concurrently to each other and consecutively to the concurrent sentences for kidnapping in the first degree (two counts), robbery in the first degree (two counts), burglary in the first degree (two counts), and criminal possession of stolen property in the third degree; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the police had probable cause to arrest him. It is well settled that a police officer may arrest a person without a warrant when he has probable cause to believe that that person has committed a crime (see, People v. Johnson, 66 N.Y.2d 398, 402, 497 N.Y.S.2d 618, 488 N.E.2d 439). "[A]n arrest need not be supported by information and knowledge which, at the time, excludes all possibility of innocence and points to the defendant's guilt beyond a reasonable doubt * * * As the very name suggests, probable cause depends upon probabilities, not certainty" (People v. Bero, 139 A.D.2d 581, 584, 526 N.Y.S.2d 979; People v. Sanders, 79 A.D.2d 688, 690, 433 N.Y.S.2d 854).
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