Opinion
November 23, 1992
Appeal from the County Court, Westchester County (Lange, J.).
Ordered that the judgment is affirmed.
On December 13, 1988, at approximately 6 P.M., Police Officer Nicholas Nicastro and his partner, Officer Nicholas Maffei, were in uniform on patrol in a marked police vehicle in Yonkers. When they arrived at the vicinity of South Broadway and Highland Avenue they were flagged down by the complainant. The complainant told them that he was robbed at knifepoint on Elliot Avenue. He also stated that the assailants were walking northbound on South Broadway. He then got into the police vehicle and they canvassed the area for his assailants. About 45 seconds later, and a few blocks away, the complainant pointed out to the officers two men who he identified as having robbed him. The officers then pulled up in front of the defendant and codefendant and placed them under arrest.
The defendant contends that the police did not have probable cause to arrest him. We disagree. Because the statement of the complainant, an identified citizen, is assumed to have veracity, the police, based on the complainant's information, had probable cause to arrest the defendant (see, People v Bilski, 170 A.D.2d 517; People v Gonzalez, 138 A.D.2d 622).
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Balletta, J.P., Rosenblatt, Miller and O'Brien, JJ., concur.