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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Sep 12, 2006
32 A.D.3d 869 (N.Y. App. Div. 2006)

Opinion

2005-01722.

September 12, 2006.

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Reichbach, J.), dated January 24, 2005, as granted those branches of the defendant's omnibus motion which were to suppress physical evidence and identification testimony.

Steven Banks, New York, N.Y. (Kerry Elgarten of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.

Before: Ritter, J.P., Rivera, Skelos and Fisher, JJ.


Ordered that the order is affirmed insofar as appealed from.

At the time the police officers placed the defendant under arrest, they did not have reliable information sufficient to establish probable cause to believe that a crime had been committed and that the defendant had committed it ( see People v Parris, 83 NY2d 342, 350; People v Carrasquillo, 54 NY2d 248). Accordingly, the Supreme Court properly suppressed, as the fruits of the unlawful arrest, the physical evidence seized from the defendant and the testimony of his show-up identification ( see People v Diaz, 274 AD2d 589; People v Skinner, 220 AD2d 350).


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Sep 12, 2006
32 A.D.3d 869 (N.Y. App. Div. 2006)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERT THOMAS…

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

Date published: Sep 12, 2006

Citations

32 A.D.3d 869 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6431
820 N.Y.S.2d 528

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