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People v. Waters

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1988
136 A.D.2d 754 (N.Y. App. Div. 1988)

Opinion

January 25, 1988

Appeal from the Supreme Court, Kings County (Greenberg, J.).


Ordered that the judgment is affirmed.

The defendant contends that the information conveyed by a fellow officer upon which the arresting officers acted was unreliable because it was originally provided by "unknown informants". His contention is without merit.

Although the names of the witnesses to whom the fellow officer spoke were then unknown to the arresting officers, those witnesses remained at the scene and were identified as a resident, superintendent and assistant superintendent of the apartment building where the burglary occurred. The information conveyed through the fellow officer was therefore at least circumstantially reliable (cf., People v Hicks, 38 N.Y.2d 90; see, People v Marin, 91 A.D.2d 616).

The information conveyed by the fellow officer, together with information supplied directly to the arresting officers by a nearby store owner, provided a sufficient predicate for the arrest of the defendant. Since the defendant thereafter voluntarily waived, inter alia, his right to remain silent, and since both the tangible evidence and the defendant's statement are untainted by unlawful police conduct, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence and an oral statement. Mangano, J.P., Brown, Rubin and Harwood, JJ., concur.


Summaries of

People v. Waters

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1988
136 A.D.2d 754 (N.Y. App. Div. 1988)
Case details for

People v. Waters

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY WATERS, Appellant

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

Date published: Jan 25, 1988

Citations

136 A.D.2d 754 (N.Y. App. Div. 1988)