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People v. Fulton

Appellate Division of the Supreme Court of New York, First Department
Sep 12, 1991
176 A.D.2d 130 (N.Y. App. Div. 1991)

Opinion

September 12, 1991

Appeal from the Supreme Court, New York County, Jerome Marks, J., Brenda Soloff, J.


The testimony at the combined Wade/Mapp hearing showed that a New York City police officer, from a rooftop observation post, observed defendant sell what appeared to be vials of crack to an unapprehended individual. This officer immediately radioed a description of defendant to a second officer, who arrested defendant as the first officer monitored the situation from his post.

Defendant contends that the arresting officer lacked probable cause to seize him, since the first officer transmitted only a description of the defendant, without reporting that defendant had committed, or was suspected of committing a crime. To the contrary, we find that the arresting officer was entitled to assume, under the circumstances, that defendant had committed a drug-related crime, and that the instruction to arrest defendant was lawful. It has been held that, "A police officer is entitled to act on the strength of a radio bulletin or a telephone or teletype alert from a fellow officer or department and to assume its reliability" (People v. Lypka, 36 N.Y.2d 210, 213). As the police officer testified at the hearing as to his personal observations, we find that the People met their initial burden of establishing probable cause for the arrest (People v. Petralia, 62 N.Y.2d 47, cert denied 469 U.S. 852).

Concur — Carro, J.P., Wallach, Kupferman and Smith, JJ.


Summaries of

People v. Fulton

Appellate Division of the Supreme Court of New York, First Department
Sep 12, 1991
176 A.D.2d 130 (N.Y. App. Div. 1991)
Case details for

People v. Fulton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLINTON FULTON…

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

Date published: Sep 12, 1991

Citations

176 A.D.2d 130 (N.Y. App. Div. 1991)
574 N.Y.S.2d 16

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