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People v. Artist

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2002
300 A.D.2d 671 (N.Y. App. Div. 2002)

Opinion

2001-08194, 2001-08196

Argued December 5, 2002.

December 30, 2002.

Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Lott, J.), rendered August 16, 2001, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence under Indictment No. 2461/00, and (2) an amended judgment of the same court, also rendered August 16, 2001, revoking a sentence of probation previously imposed by the same court (Carroll, J.), upon a finding that he had violated a condition thereof, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal sale of a controlled substance in the third degree under Indictment No. 8465/98. The appeal from the judgment brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.

Ozro Thaddeus Wells, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jacqueline M. Linares of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the judgment and amended judgment are affirmed.

Contrary to the defendant's contention, the arresting officer had probable cause to arrest him pursuant to the so-called "fellow officer rule" (see People v. Ketcham, 93 N.Y.2d 416, 419; People v. Maldonado, 86 N.Y.2d 631, 635-636). At the hearing, it was established that the investigating detective knew that the defendant had been seen in the victim's silver Maxima automobile with the victim less than one-half hour before the shooting, and that a silver Maxima was seen fleeing from the scene immediately after the shooting. This was sufficient to support a reasonable belief that the defendant was involved in the shooting (see People v. Chase, 85 N.Y.2d 493, 501; People v. White, 117 A.D.2d 127, 131).

The defendant's remaining contentions are without merit.

FLORIO, J.P., FRIEDMANN, McGINITY and TOWNES, JJ., concur.


Summaries of

People v. Artist

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2002
300 A.D.2d 671 (N.Y. App. Div. 2002)
Case details for

People v. Artist

Case Details

Full title:THE PEOPLE, ETC., respondent, v. KEITH ARTIST, t/n KEITH DOZIER, appellant

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

Date published: Dec 30, 2002

Citations

300 A.D.2d 671 (N.Y. App. Div. 2002)
751 N.Y.S.2d 885

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