People v. Talley

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN TALLEY, Appellant

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

Date published: Dec 28, 1998

256 A.D.2d 600 (N.Y. App. Div. 1998)

682 N.Y.S.2d 870

Opinion

December 28, 1998

Appeal from the Supreme Court, Queens County (Dunlop, J.).

Ordered that the judgment is affirmed.

We agree with the hearing court that the police were justified in stopping the defendant and detaining him until the arrival of a witness, who then identified the defendant ( see, People v. Hicks, 68 N.Y.2d 234). The witness's unequivocal on-the-scene identification of the defendant gave the officers probable cause to arrest him ( see, People v. Williams, 150 A.D.2d 410).

The defendant's remaining contentions are without merit.

Bracken, J. P., Copertino, Thompson and McGinity, JJ., concur.