People v. Miner

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAROL MINER, Appellant

Court: Court of Appeals of the State of New York

Date published: Jun 30, 1977

42 N.Y.2d 937 (N.Y. 1977)

397 N.Y.S.2d 999

366 N.E.2d 1353

Opinion

Argued June 6, 1977

Decided June 30, 1977

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALPHONSO LA PERA, J.

Matthew Muraskin and James J. McDonough for appellant.

Denis Dillon, District Attorney (Steven R. Bernhard, William C. Donnino and Philip L. Tomich of counsel), for respondent.

MEMORANDUM.

The evidence needed to establish probable cause to justify an arrest does not have to be such as to warrant a conviction (Adams v Williams, 407 U.S. 143, 149). In our view there was sufficient evidence for the trial court to find that the officer had probable cause to believe that the defendant committed a crime (see, e.g., People v Oden, 36 N.Y.2d 382) and therefore the arrest was a proper one. The search incident to that arrest was authorized (People v Perel, 34 N.Y.2d 462).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed in a memorandum.