From Casetext: Smarter Legal Research

People v. Frye

Appellate Division of the Supreme Court of New York, Second Department
Sep 16, 1985
113 A.D.2d 843 (N.Y. App. Div. 1985)

Opinion

September 16, 1985

Appeal from the County Court, Nassau County (Delin, J.).


Judgment affirmed.

We have reviewed the record of the suppression hearing and conclude, as did the County Court, that the police had probable cause to arrest defendant for the murder of Todd Stutzman. Probable cause was derived from the sworn statements of three witnesses implicating defendant in this crime; two of these witnesses alleged in their statements that defendant had admitted his participation in the crime to them, and the third alleged in her statement that one of defendant's accomplices had implicated both defendant and himself to her (People v Rodriguez, 52 N.Y.2d 483, 489; People v Wheatman, 29 N.Y.2d 337, 345, 31 N.Y.2d 12, cert denied sub nom. Marcus v New York, 409 U.S. 1027; People v Ward, 95 A.D.2d 233, 237-238; People v Sanders, 79 A.D.2d 688, 689).

Having found that there was probable cause to arrest defendant, we need not review the determination of the suppression court that defendant had voluntarily agreed to accompany the police to their headquarters for questioning.

We have considered the remaining contentions advanced by defendant and find them to be lacking in merit. Bracken, J.P., O'Connor, Rubin and Lawrence, JJ., concur.


Summaries of

People v. Frye

Appellate Division of the Supreme Court of New York, Second Department
Sep 16, 1985
113 A.D.2d 843 (N.Y. App. Div. 1985)
Case details for

People v. Frye

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRELL H. FRYE…

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

Date published: Sep 16, 1985

Citations

113 A.D.2d 843 (N.Y. App. Div. 1985)

Citing Cases

People v. Gefell

At the same time, an identified citizen informant advised the officer that the owner of the van was a man…