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People v. Catala

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 293 (N.Y. App. Div. 1993)

Opinion

November 8, 1993

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


Ordered that the judgment is affirmed.

The defendant, who fit the description of a reported robbery suspect, was observed at night by police in a "robbery prone" location behaving suspiciously. When the plainclothes police followed the defendant into a building, the defendant initially "lunged" toward them, simulating that he had a weapon in his pocket. As a result, the defendant was stopped and frisked and a knife was recovered from his pocket. While the defendant was being detained in the building, a man passed by and identified the defendant to the police as the man who had robbed him on a prior occasion. At that point the defendant was arrested.

We agree with the hearing court that the police had probable cause to arrest the defendant when he was identified by a victim as the perpetrator of another crime (see, People v Morro, 165 A.D.2d 719, 720; People v Crosby, 91 A.D.2d 20, 28). The hearing court's determinations as to credibility are afforded great weight on appeal and should not be disturbed unless clearly unsupported by the evidence (see, People v Prochilo, 41 N.Y.2d 759; People v Almodovar, 168 A.D.2d 454).

Further, under the circumstances of this case, we agree with the People that the testimony regarding the defendant's possession of a knife, the passerby's identification of the defendant as the perpetrator of another crime, and the similarity in clothes worn by the defendant and a perpetrator of another prior robbery, was properly admitted as background information necessary to complete the narrative of events leading to the defendant's arrest (see, People v Castro, 101 A.D.2d 392, affd 65 N.Y.2d 683; People v Muriell, 128 A.D.2d 554), and was "inextricably interwoven" with the description of the arrest (see, People v Ely, 68 N.Y.2d 520, 529; People v Ventimiglia, 52 N.Y.2d 350). Thompson, J.P., Balletta, Miller and Joy, JJ., concur.


Summaries of

People v. Catala

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 293 (N.Y. App. Div. 1993)
Case details for

People v. Catala

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT CATALA…

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

Date published: Nov 8, 1993

Citations

198 A.D.2d 293 (N.Y. App. Div. 1993)
603 N.Y.S.2d 562

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