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People v. Alston

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1993
189 A.D.2d 555 (N.Y. App. Div. 1993)

Summary

having run a computer check on a suspected stolen credit card that indicated the card was stolen the previous day created probable cause to arrest defendant

Summary of this case from Vargas v. City of N.Y.

Opinion

January 5, 1993

Appeal from the Supreme Court, New York County (Carol Berkman, J.).


Contrary to defendant's claim on appeal, the suppression court properly denied defendant's motions to suppress physical evidence and statements, following a combined Mapp/Huntley hearing. On patrol in an area of Penn Station housing automatic ticket issuing machines operated by credit card, and alert to repeated use of stolen credit cards at such machines, the arresting officer was justified in approaching defendant to inquire what problem had caused defendant to strike the ticket issuing machine with his fist (see, People v. Hollman, 79 N.Y.2d 181, 185). Defendant's denial of any problem, combined with his nervousness and fidgeting at the officer's approach, justified the officer's further inquiry regarding the ownership of a credit card held by defendant in his hand (supra). Defendant's admission that the credit card was not his, and his inability to even name the owner of the card justified the officer's suspicion that criminality was afoot, and thus his reasonable request that defendant accompany him to a customer service desk for a computer check on the credit card (supra). When the computer check indicated that the credit card had been stolen on the previous day, the officer had probable cause to arrest defendant (People v. De Bour, 40 N.Y.2d 210). As the statements subsequently made by defendant were not prompted by any custodial questioning, suppression was properly denied (Miranda v. Arizona, 384 U.S. 436).

Concur — Murphy, P.J., Milonas, Ross and Rubin, JJ.


Summaries of

People v. Alston

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1993
189 A.D.2d 555 (N.Y. App. Div. 1993)

having run a computer check on a suspected stolen credit card that indicated the card was stolen the previous day created probable cause to arrest defendant

Summary of this case from Vargas v. City of N.Y.

having run a computer check on a suspected stolen credit card that indicated the card was stolen the previous day created probable cause to arrest defendant

Summary of this case from Vargas v. City of N.Y.

having run a computer check on a suspected stolen credit card that indicated the card was stolen the previous day created probable cause to arrest defendant

Summary of this case from Vargas v. City of New York
Case details for

People v. Alston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICK ALSTON, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 5, 1993

Citations

189 A.D.2d 555 (N.Y. App. Div. 1993)
592 N.Y.S.2d 19

Citing Cases

Vargas v. City of N.Y.

People v. Currie, 131 A.D.3d 1265, 1265 (2d Dep't 2015) ("[T]he police had probable cause to arrest the…

Vargas v. City of N.Y.

People v. Currie, 131 A.D.3d 1265, 1265, 16 N.Y.S.3d 866 (2d Dep't 2015) ("[T]he police had probable cause to…