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People v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1987
128 A.D.2d 566 (N.Y. App. Div. 1987)

Opinion

March 2, 1987

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


Ordered that the judgment is affirmed.

We agree with the hearing court that there was probable cause to arrest the defendant (see, People v. Prochilo, 41 N.Y.2d 759, 761). The police were entitled to rely upon the information given to them by the eyewitness victim of the crimes (see, People v Crespo, 70 A.D.2d 661).

In addition, the prosecution met its heavy burden of proving the voluntariness of the defendant's consent to the entry by the police into an apartment he shared with his grandmother (see, People v. Gonzalez, 39 N.Y.2d 122, 128). The consent was unqualified (see, People v. Abrams, 95 A.D.2d 155, 158-159). Moreover, the officers' subsequent entry into the defendant's bedroom was also based upon consent. Once inside the bedroom, the officers were justified in seizing a coat which was in plain view and which matched the description of that taken from the victim (see, People v. Michelsson, 105 A.D.2d 852, 853).

We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Niehoff, Weinstein and Eiber, JJ., concur.


Summaries of

People v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1987
128 A.D.2d 566 (N.Y. App. Div. 1987)
Case details for

People v. Thompson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH THOMPSON…

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

Date published: Mar 2, 1987

Citations

128 A.D.2d 566 (N.Y. App. Div. 1987)

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