From Casetext: Smarter Legal Research

People v. Young

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 2000
277 A.D.2d 176 (N.Y. App. Div. 2000)

Opinion

November 30, 2000.

Orders, Supreme Court, New York County (Donna Mills, J.), entered May 12, 1999 and June 23, 1999, which granted defendant's motion to suppress identification testimony, unanimously reversed, on the law and the facts, suppression denied, and the matter remanded for further proceedings.

Kenneth S. Levine, for appellant.

Edith Blumberg, for defendant-respondent.

Before: Rosenberger, J.P., Nardelli, Tom, Mazzarelli, Rubin, JJ.


Under the "fellow officer rule," an arresting officer can make a lawful arrest and is deemed to have acted with probable cause as long as that officer relied upon information provided by a fellow officer who possessed information sufficient to constitute probable cause (People v. Ketcham, 93 N.Y.2d 416, 419; People v. Maldonado, 86 N.Y.2d 631). In this case, the radio transmission from the undercover officer to the arresting officer provided details of defendant's race, sex and clothing, as well as his location and the fact that a "positive buy " had occurred. The arresting officer subsequently saw defendant, the only person matching the description at the specified location, and arrested him prior to the confirmatory identification. We conclude, therefore, that the arresting officer possessed the requisite probable cause (see, People v. Preston, 235 A.D.2d 256, lv denied 89 N.Y.2d 1098; People v. Ward, 182 A.D.2d 573 lv denied 81 N.Y.2d 849).

With regard to the confirmatory identification, it is clear from the arresting officer's testimony that the undercover did drive by and identify defendant and defendant has failed to establish any impropriety regarding such identification (see, People v. Acevedo, 179 A.D.2d 465 lv denied 79 N.Y.2d 996).

We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Young

Appellate Division of the Supreme Court of New York, First Department
Nov 30, 2000
277 A.D.2d 176 (N.Y. App. Div. 2000)
Case details for

People v. Young

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, v. SAM YOUNG…

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

Date published: Nov 30, 2000

Citations

277 A.D.2d 176 (N.Y. App. Div. 2000)
717 N.Y.S.2d 122

Citing Cases

People v. Vidro

The court properly denied defendant's motion to suppress physical evidence and the confirmatory…

People v. Martinez

Defendant's suppression motion was properly denied. In this observation sale case, probable cause was…