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People v. Leath

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 410 (N.Y. App. Div. 2000)

Opinion

Submitted May 15, 2000.

June 19, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Thomas, J.), rendered July 24, 1997, convicting him of murder in the second degree and arson in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress statements made by him to law enforcement officials.

Leon H. Tracy, Forest Hills, N.Y., for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Sabine Browne of counsel), for respondent.

Before: SONDRA MILLER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, there was probable cause to arrest him. A police officer may arrest a person without a warrant when he has probable cause to believe that that person has committed a crime (see, People v. Cruz, 191 A.D.2d 507). Here, statements given by the victim to a friend and a police officer provided probable cause to arrest the defendant. Since there was probable cause for the defendant's arrest, his statements were admissible.

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 of guilt was not against the weight of the evidence (see, CPL 470.15). The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.


Summaries of

People v. Leath

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 410 (N.Y. App. Div. 2000)
Case details for

People v. Leath

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. LOUIS LEATH, APPELLANT. (IND. NO. 3266/94)

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

Date published: Jun 19, 2000

Citations

273 A.D.2d 410 (N.Y. App. Div. 2000)
711 N.Y.S.2d 328

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