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People v. Scott

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1987
135 A.D.2d 846 (N.Y. App. Div. 1987)

Opinion

December 28, 1987

Appeal from the Supreme Court, Westchester County (Duncan, J.).


Ordered that the judgment is affirmed.

The arresting officers had probable cause to believe that the defendant had committed criminal trespass. It is well settled that information provided by an identified citizen accusing another individual of the commission of a specific crime is sufficient to provide the police with probable cause to arrest (see, People v Moore, 32 N.Y.2d 67, 71, cert denied 414 U.S. 1011; People v Hairston, 117 A.D.2d 618, 620, lv denied 67 N.Y.2d 884; People v Sanders, 79 A.D.2d 688). In the case at bar, the hearing testimony indicates that the arresting officers received a radio call based upon the complainant's reporting that a prowler was in the vicinity of the complainant's home. One of the officers spoke with the complainant and was informed that the defendant was seen within her fenced-in yard and received a description of the defendant. The defendant was then seen by the officer and the defendant fled. This officer radioed a description of the defendant and his direction of flight to a fellow officer who immediately apprehended the defendant. Under these circumstances, the police had probable cause to believe that the defendant had committed the trespass and their arrest of the defendant was therefore proper. Consequently, the defendant's contention that the stolen property abandoned by him in the police vehicle and found by the police and that his inculpatory statements were the fruits of an illegal arrest is without merit.

We have examined the defendant's remaining contentions and find them either to be unpreserved for appellate review or without merit. Mollen, P.J., Lawrence, Weinstein and Kooper, JJ., concur.


Summaries of

People v. Scott

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1987
135 A.D.2d 846 (N.Y. App. Div. 1987)
Case details for

People v. Scott

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE SCOTT, Appellant

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

Date published: Dec 28, 1987

Citations

135 A.D.2d 846 (N.Y. App. Div. 1987)

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