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People v. Daye

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1993
194 A.D.2d 339 (N.Y. App. Div. 1993)

Opinion

June 8, 1993

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).


Since the officers possessed information which would lead a reasonable person with the same expertise as the officers to conclude, under the circumstances, that defendant was committing or had committed a crime, probable cause existed for defendant's arrest (People v. McRay, 51 N.Y.2d 594, 602). Here, the information included, inter alia: a radio transmission that a burglary was in progress, which was confirmed by three citizen witnesses, who stated that defendant had committed a burglary; observations that the defendant matched the witnesses' description of the burglar; the spontaneous identification of defendant by a witness near the scene of the crime only minutes after the burglary occurred; and defendant's flight from the officers before being arrested. Under these circumstances, it was "`more probable than not'" that defendant had just committed a crime (People v. Mercado, 68 N.Y.2d 874, 877, cert denied 479 U.S. 1095). While defendant may offer innocent explanations for his behavior, that does not prevent the police from acting on their well-founded conclusions (supra).

Concur — Murphy, P.J., Sullivan, Carro, Kupferman and Rubin, JJ.


Summaries of

People v. Daye

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1993
194 A.D.2d 339 (N.Y. App. Div. 1993)
Case details for

People v. Daye

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS DAYE, Appellant

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

Date published: Jun 8, 1993

Citations

194 A.D.2d 339 (N.Y. App. Div. 1993)
598 N.Y.S.2d 493

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