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People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 433 (N.Y. App. Div. 1993)

Opinion

December 20, 1993

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


Ordered that the judgment is affirmed.

We find no basis to disturb the hearing court's determination that the police had probable cause to arrest the defendant. The hearing evidence showed that the arresting officer received a radio transmission that a burglary was in progress and that less than two minutes later, when the officer was just around the corner from the scene, an unidentified man pointed toward an alleyway and told him "he went that way". Within seconds, the officer observed the defendant attempting to hide in a carport within the alley. The defendant fit the radioed description of a white male wearing blue shorts and a white T-shirt. Viewed together, these facts and circumstances were sufficient to lead a reasonable person, possessing the same expertise as the arresting officer, to conclude that the defendant had committed the reported burglary (see, People v Alford, 198 A.D.2d 364; People v Eleazer, 182 A.D.2d 697; People v Javier, 175 A.D.2d 182; People v Thomas, 175 A.D.2d 188; People v Johnson, 174 A.D.2d 694; People v White, 117 A.D.2d 127). Therefore, the court properly denied suppression of the jewelry and screwdriver recovered from the defendant's pockets in the ensuing search. O'Brien, J.P., Copertino, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 433 (N.Y. App. Div. 1993)
Case details for

People v. Rosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH ROSA, Also…

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

Date published: Dec 20, 1993

Citations

199 A.D.2d 433 (N.Y. App. Div. 1993)
605 N.Y.S.2d 337

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