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People v. Andujar

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1992
187 A.D.2d 436 (N.Y. App. Div. 1992)

Opinion

November 2, 1992

Appeal from the Supreme Court, Queens County (Cohen, J.).


Ordered that the judgment and amended judgment are affirmed.

Contrary to the defendant's contentions, the Supreme Court properly concluded that the search warrant executed at the defendant's apartment was predicated upon probable cause (see, People v Bigelow, 66 N.Y.2d 417; People v Elwell, 50 N.Y.2d 231; People v Hanlon, 36 N.Y.2d 549). Although the police initially focused their attention upon the defendant as a suspect after they had received an anonymous tip, the record reveals that before the warrant application was filed, the victim had identified the defendant as the perpetrator of the crime, and further, that the police had independently confirmed the address of the defendant's apartment. This information, together with the additional evidence contained in the warrant application, clearly provided probable cause for the issuance of the warrant (see, People v Sharpe, 157 A.D.2d 808). Thompson, J.P., Lawrence, Eiber and O'Brien, JJ., concur.


Summaries of

People v. Andujar

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1992
187 A.D.2d 436 (N.Y. App. Div. 1992)
Case details for

People v. Andujar

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD ANDUJAR…

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

Date published: Nov 2, 1992

Citations

187 A.D.2d 436 (N.Y. App. Div. 1992)

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