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People v. Nixon

Appellate Division of the Supreme Court of New York, Second Department
Jul 17, 1989
152 A.D.2d 678 (N.Y. App. Div. 1989)

Opinion

July 17, 1989

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contention we find that the police had probable cause to arrest him based upon information supplied by a citizen informant. The evidence adduced at the suppression hearing demonstrated that the informant identified herself to two police officers as the defendant's cousin and informed them that the defendant had bragged to her about robbing a gas station "twice before". She then brought the officers to the home she shared with the defendant where, after being granted permission by the defendant's grandaunt to search the house, they found and took the defendant into custody in connection with two recent robberies of a nearby gas station. Under these circumstances, we will not disturb the hearing court's determination denying suppression of the subsequent identification of the defendant in a lineup.

We have reviewed the defendant's remaining contentions concerning the lineup and the court's charge and find them to be without merit. Kunzeman, J.P., Kooper, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Nixon

Appellate Division of the Supreme Court of New York, Second Department
Jul 17, 1989
152 A.D.2d 678 (N.Y. App. Div. 1989)
Case details for

People v. Nixon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARNELL NIXON…

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

Date published: Jul 17, 1989

Citations

152 A.D.2d 678 (N.Y. App. Div. 1989)
543 N.Y.S.2d 742