People v. Myers

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN MYERS, Appellant

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

Date published: Mar 9, 1998

248 A.D.2d 559 (N.Y. App. Div. 1998)

669 N.Y.S.2d 883

Opinion

March 9, 1998

Appeal from the County Court, Nassau County (Mackston, J.).

Ordered that the judgment is affirmed.

Based on the testimony of the officers who testified at the combined Wade/Huntley hearing, there was probable cause to arrest the defendant ( see, CPL 140.10; People v. Bigelow, 66 N.Y.2d 417, 423). We therefore reject the defendant's contention that any statements made by him subsequent to his being detained by the police should have been suppressed as the product of an unlawful arrest.

The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

Copertino, J. P., Altman, Florio and Luciano, JJ., concur.