People v. Jacobo

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN JACOBO, Appellant

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

Date published: Oct 18, 1994

208 A.D.2d 432 (N.Y. App. Div. 1994)

617 N.Y.S.2d 457

Opinion

October 18, 1994

Appeal from the Supreme Court, New York County (Edward A. Sheridan, J.).

The police had probable cause to arrest defendant on a 1985 murder charge based upon an identification by one of the wounded survivors of that incident (People v. Nichols, 156 A.D.2d 129, 130, lv denied 76 N.Y.2d 740). The warrantless arrest was proper since the police initially encountered defendant in the apartment building's public hallway (People v. Marzan, 161 A.D.2d 416, lv denied 76 N.Y.2d 860), and was not rendered improper when defendant retreated into his private residence (United States v Santana, 427 U.S. 38).

Concur — Sullivan, J.P., Carro, Rosenberger, Williams and Tom, JJ.