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People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1991
170 A.D.2d 542 (N.Y. App. Div. 1991)

Summary

finding probable cause where "the record establishes that the defendant was arrested after witnesses to the instant homicide implicated him to investigating detectives."

Summary of this case from Scrimo v. Lee

Opinion

February 11, 1991

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


Ordered that the judgment is affirmed.

The defendant contends that the court erred by denying his motion to suppress inculpatory statements as his arrest was not predicated upon probable cause. However, the record establishes that the defendant was arrested after witnesses to the instant homicide implicated him to investigating detectives. Moreover, at least one witness identified the defendant's photograph from a photographic array. Pursuant to these eyewitness identifications, the police clearly had probable cause to effect the defendant's arrest (see, People v Crews, 162 A.D.2d 462; People v Brown, 146 A.D.2d 793; People v Douglas, 138 A.D.2d 731). Accordingly, the defendant's inculpatory statements, which followed numerous administrations and waivers of his constitutional rights (see, People v Glasper, 160 A.D.2d 723), were not tainted as having been the products of an unlawful arrest.

We have reviewed the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Bracken, Sullivan and Miller, JJ., concur.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1991
170 A.D.2d 542 (N.Y. App. Div. 1991)

finding probable cause where "the record establishes that the defendant was arrested after witnesses to the instant homicide implicated him to investigating detectives."

Summary of this case from Scrimo v. Lee
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER MITCHELL…

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

Date published: Feb 11, 1991

Citations

170 A.D.2d 542 (N.Y. App. Div. 1991)
566 N.Y.S.2d 321

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