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People v. Mojica

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 698 (N.Y. App. Div. 1991)

Opinion

March 4, 1991

Appeal from the Supreme Court, Kings County (Juviler, J.).


Ordered that the judgment is affirmed.

The hearing court properly concluded that the police possessed probable cause to arrest the defendant in connection with an armed robbery. The evidence adduced at the hearing established that defendant was observed operating a vehicle whose appearance and license plate number matched that of a van utilized by the perpetrator of the robbery. Moreover, and contrary to the defendant's contentions, his physical appearance and that of the codefendant matched, in material respects, the descriptions of the perpetrators provided by the complainant (cf., People v Dawkins, 163 A.D.2d 322). The foregoing informational predicate established more probably than not, both that an offense had been committed and that the defendant was its perpetrator (see, People v Carrasquillo, 54 N.Y.2d 248, 254; People v Colon, 127 A.D.2d 604; People v White, 117 A.D.2d 127, 131).

We have reviewed the defendant's remaining contentions and find them to be without merit. Kooper, J.P., Lawrence, Harwood and Miller, JJ., concur.


Summaries of

People v. Mojica

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 698 (N.Y. App. Div. 1991)
Case details for

People v. Mojica

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REINALDO MOJICA…

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

Date published: Mar 4, 1991

Citations

171 A.D.2d 698 (N.Y. App. Div. 1991)
567 N.Y.S.2d 165

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