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People v. Cheung Tung

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1994
203 A.D.2d 475 (N.Y. App. Div. 1994)

Opinion

April 18, 1994

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


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The defendant's contention that his warrantless arrest was premised on less than probable cause is without merit. It is well settled that a police officer may arrest a person without a warrant when he possesses probable cause to believe that such a person has committed a crime (see, People v Johnson, 66 N.Y.2d 398, 402; People v Pedreira, 143 A.D.2d 778). Here, the defendant matched a detailed description provided by the victim and was in the company of a codefendant who had been identified by the victim in a photo array. Thus, the police had probable cause to arrest the defendant (see, People v Cespedes, 154 A.D.2d 701; People v Monson, 151 A.D.2d 615).

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

We have reviewed the defendant's remaining contention and find it to be without merit. Sullivan, J.P., O'Brien, Goldstein and Florio, JJ., concur.


Summaries of

People v. Cheung Tung

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1994
203 A.D.2d 475 (N.Y. App. Div. 1994)
Case details for

People v. Cheung Tung

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHEUNG TUNG, Appellant

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

Date published: Apr 18, 1994

Citations

203 A.D.2d 475 (N.Y. App. Div. 1994)
610 N.Y.S.2d 309