People v. Cook

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD COOK, Appellant

Court: Court of Appeals of the State of New York

Date published: Oct 7, 1986

500 N.E.2d 868 (N.Y. 1986)

500 N.E.2d 868

508 N.Y.S.2d 170

Opinion

Argued September 5, 1986

Decided October 7, 1986

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Harold L. Galloway, J., Reuben K. Davis, J.

Edward J. Nowak, Public Defender (Janet C. Somes of counsel), for appellant.

Howard R. Relin, District Attorney (Melvin Bressler and Michael J. Nelson of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The officers' observations upon arriving at the scene were sufficient to sustain the finding below of probable cause. Inasmuch as that finding has support in the record, further review is beyond our power (see, People v Harrison, 57 N.Y.2d 470, 477-478).

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur; Judge HANCOCK, JR., taking no part.

Order affirmed in a memorandum.