From Casetext: Smarter Legal Research

People v. Soto

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2001
279 A.D.2d 592 (N.Y. App. Div. 2001)

Opinion

January 25, 2001.

Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered March 31, 1999, convicting him of attempted assault in the first degree (two counts), reckless endangerment in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), attempted intimidation of a witness in the first degree, attempted tampering with a witness in the first degree, and tampering with a witness in the fourth degree (three counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Arza Rayches Feldman, Roslyn, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., SONDRA MILLER, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the police lacked probable cause to arrest him is without merit. It is well settled that information provided by an identified citizen accusing another individual of a specific crime is legally sufficient to provide the police with probable cause to arrest (see, People v. Martin, 221 A.D.2d 568; People v. Burton, 194 A.D.2d 683). Since the complainant had known the defendant for several years, the complainant's identification of the defendant as one of the shooters was sufficient to establish probable cause (see, People v. Martin, supra; People v. Rodriguez, 168 A.D.2d 520). Accordingly, the County Court properly denied that branch of the appellant's omnibus motion which was to suppress physical evidence.


Summaries of

People v. Soto

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2001
279 A.D.2d 592 (N.Y. App. Div. 2001)
Case details for

People v. Soto

Case Details

Full title:THE PEOPLE, etc., RESPONDENT, v. JOSE SOTO, APPELLANT. (Ind. No. 98-00487)

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

Date published: Jan 25, 2001

Citations

279 A.D.2d 592 (N.Y. App. Div. 2001)
719 N.Y.S.2d 603

Citing Cases

People v. Torres

Ordered that the judgment is affirmed. Contrary to the defendant's contention, the hearing court properly…

People v. Rodriguez

The record establishes that defendant was arrested after stepping out of his house onto the front porch of…