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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1991
174 A.D.2d 694 (N.Y. App. Div. 1991)

Opinion

June 17, 1991

Appeal from the County Court, Nassau County (Kepner, J.).


Ordered that the judgment is affirmed.

The evidence presented to the hearing court clearly demonstrated that the police had probable cause to arrest the defendant (see, CPL 140.10 [b]). The arresting officer was provided with factual information concerning the defendant's description and the direction of his flight from the scene of the crime. The defendant was found hiding under a woodpile behind a private residence on a street near the crime scene. Moreover, he matched the general description of one of the perpetrators (see, People v Cumberbatch, 171 A.D.2d 671). The description of the defendant, together with his location near the crime scene, and his hiding under a woodpile constituted "facts and circumstances which, viewed together" (People v Rivera, 166 A.D.2d 678, 679, quoting People v Dawkins, 163 A.D.2d 322) could have led the arresting officer to reasonably conclude that the defendant perpetrated the crimes described over police radio broadcasts (see, People v Rivera, supra; People v Dawkins, supra).

We have reviewed the defendant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1991
174 A.D.2d 694 (N.Y. App. Div. 1991)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID JOHNSON…

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

Date published: Jun 17, 1991

Citations

174 A.D.2d 694 (N.Y. App. Div. 1991)
571 N.Y.S.2d 550

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