Summary
stating that probable cause existed for an arrest for disorderly conduct where the defendant was "fighting with another person in the middle of a street while a crowd watched"
Summary of this case from Taylor v. City of SyracuseOpinion
March 17, 1998
Appeal from Supreme Court, New York County (Laura Drager, J.).
Defendant's suppression motion was properly denied. Probable cause for defendant's arrest for disorderly conduct (Penal Law § 240.20) was provided by defendant's fighting with another person in the middle of a street while a crowd watched ( Goldstein v. Metro-North Commuter R. R. Co., 207 A.D.2d 723; People v. Shapiro, 96 A.D.2d 626). Probable cause to arrest did not require proof beyond a reasonable doubt of the elements of disorderly conduct.
Concur — Ellerin, J. P., Wallach, Rubin, Tom and Saxe, JJ.