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People v. English

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1992
185 A.D.2d 243 (N.Y. App. Div. 1992)

Opinion

July 6, 1992

Appeal from the County Court, Nassau County (Winick, J.).


Ordered that the judgment is affirmed.

We agree with the hearing court's determination that there was probable cause to arrest the defendant for operating as an unlicensed home improvement contractor in violation of Local Laws, 1970, No. 6 of County of Nassau (Nassau County Administrative Code § 21-11.2). "Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed" (People v Bigelow, 66 N.Y.2d 417, 423; see also, People v. Brown, 173 A.D.2d 629; People v. Rivera, 166 A.D.2d 678). The People presented evidence at the hearing that the defendant, using a false name, entered into a contract to provide home improvement services. Information provided by the Nassau County Department of Consumer Affairs indicated that the defendant was not licensed as a home improvement contractor and that he was not employed by a licensed contractor when he entered into the contract. Since the defendant's arrest was based on probable cause, the court properly denied his motion to suppress the narcotics which were found on his person during a search incident to his arrest (see, Chimel v. California, 395 U.S. 752, 762-763; People v. Belton, 55 N.Y.2d 49, 52-53; People v. Amarillo, 141 A.D.2d 551).

We find the defendant's remaining contentions to be without merit. Bracken, J.P., Sullivan, O'Brien and Ritter, JJ., concur.


Summaries of

People v. English

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1992
185 A.D.2d 243 (N.Y. App. Div. 1992)
Case details for

People v. English

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR ENGLISH, JR.…

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

Date published: Jul 6, 1992

Citations

185 A.D.2d 243 (N.Y. App. Div. 1992)

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