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People v. Eleazer

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1992
182 A.D.2d 697 (N.Y. App. Div. 1992)

Opinion

April 13, 1992

Appeal from the County Court, Suffolk County (Cacciabaudo, J.).


Ordered that the judgment is affirmed.

The defendant argues, inter alia, that his arrest was not supported by probable cause. We disagree. Contrary to the defendant's contentions, the arresting officer had probable cause to believe that a crime had been committed and that the defendant had committed it (see, People v Carrasquillo, 54 N.Y.2d 248, 254; see also, People v Ortiz, 103 A.D.2d 303, 305, affd 64 N.Y.2d 997; People v McRay, 51 N.Y.2d 594, 602; People v Duke, 160 A.D.2d 1017).

The arresting officer received a radio transmission advising of a fight in progress at a Suffolk County bar. The officer immediately went to the bar and observed the defendant running from the direction of the bar. Three men were chasing the defendant. One of the men yelled to the officer that the defendant — whom the man identified by name — had just stabbed his friend. The officer pursued the defendant, who approached and then voluntarily entered the officer's patrol car. After driving with the defendant some distance away from the men who had been pursuing him, the arresting officer received a second radio transmission concerning an individual wanted for attacking someone in the same bar. This radio transmission contained a physical description of the assailant which matched the defendant's appearance. The officer then placed the defendant in handcuffs and informed him that he was under arrest. Under the foregoing circumstances, the hearing court properly concluded that the defendant's arrest was supported by probable cause.

We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be either lacking in merit or unpreserved for appellate review (see, People v Green, 75 N.Y.2d 902, cert denied ___ US ___, 111 S Ct 165; People v Tinsley, 35 N.Y.2d 926; People v Martin, 157 A.D.2d 674; People v Griffiths, 155 A.D.2d 777; People v Suitte, 90 A.D.2d 80). Thompson, J.P., Harwood, Balletta and Copertino, JJ., concur.


Summaries of

People v. Eleazer

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1992
182 A.D.2d 697 (N.Y. App. Div. 1992)
Case details for

People v. Eleazer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN R. ELEAZER…

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

Date published: Apr 13, 1992

Citations

182 A.D.2d 697 (N.Y. App. Div. 1992)
582 N.Y.S.2d 733

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