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People v. Newton

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1992
180 A.D.2d 764 (N.Y. App. Div. 1992)

Opinion

February 18, 1992

Appeal from the Supreme Court, Queens County (Calabretta, J.).


Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

Contrary to the defendant's contentions, the hearing court properly concluded that his arrest was supported by probable cause. A review of the record reveals that the defendant was placed under arrest after an off-duty Corrections Officer informed several police officers that the defendant had assaulted him. It is well settled that information provided by an identified citizen accusing another individual of a specific crime is legally sufficient to provide the police with probable cause to arrest (see, e.g., People v. Bilski, 170 A.D.2d 517; People v. Grams, 166 A.D.2d 717; People v. Bero, 139 A.D.2d 581, 584; People v. Phillips, 120 A.D.2d 621; People v. Tidwell, 122 A.D.2d 289). The hearing court was in a position to hear and see the witnesses testify, and its decision to credit the People's witnesses is neither erroneous as a matter of law nor contrary to the weight of the evidence (see, People v. Prochilo, 41 N.Y.2d 759; see also, People v. Foster, 173 A.D.2d 841; People v Francois, 155 A.D.2d 685; People v. McEachin, 148 A.D.2d 551; People v. Singletary, 135 A.D.2d 757).

The defendant's remaining contentions are either unpreserved for appellate review or lacking in merit (see, e.g., People v Beltraz, 165 A.D.2d 745, 746; People v. Beckwith, 163 A.D.2d 863; People v. Tyson, 160 A.D.2d 826). Thompson, J.P., Rosenblatt, Lawrence and Miller, JJ., concur.


Summaries of

People v. Newton

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1992
180 A.D.2d 764 (N.Y. App. Div. 1992)
Case details for

People v. Newton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT NEWTON…

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

Date published: Feb 18, 1992

Citations

180 A.D.2d 764 (N.Y. App. Div. 1992)
580 N.Y.S.2d 78

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