Summary
Throwing lit firecrackers in front of moving police van provided probable cause to arrest for Reckless Endangerment in Second Degree
Summary of this case from Osborne v. Cnty. of SenecaOpinion
September 30, 1999
Order of disposition, Family Court, Bronx County (John Hunt, J.), entered August 20, 1998, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the seventh degree, and placed him with the Office of Children and Family Services for a period of up to 12 months, unanimously affirmed, without costs.
Valerie Pels, for Appellant.
Jane S. Earle, for Presentment Agency.
ELLERIN, P.J., ROSENBERGER, NARDELLI, MAZZARELLI, ANDRIAS, JJ.
The court properly denied appellant's motion to suppress drugs recovered from him after his arrest. We agree with the court's conclusion that appellant's throwing of firecrackers directly in front of a moving police van, thereby creating the risk of a vehicular accident as well as other risks, gave rise to probable cause to arrest for reckless endangerment in the second degree. Probable cause does not require a legally sufficient case for conviction after trial (People v. Bigelow, 66 N.Y.2d 417, 423). Since the police had probable cause to believe that appellant had committed a crime, they properly arrested appellant (see, Family Ct Act § 305.2) notwithstanding any error by the police concerning the correct charge to be filed (see, People v. Duprey, 98 A.D.2d 110, lv denied 61 N.Y.2d 762).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.