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People v. Snipes

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2001
289 A.D.2d 116 (N.Y. App. Div. 2001)

Opinion

5634

December 18, 2001.

Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered October 20, 1999, convicting defendant, upon his pleas of guilty, of robbery in the first degree and attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 10 years and 7 years, respectively, unanimously affirmed.

David Aaron, for respondent.

Carl S. Kaplan, for defendant-appellant.

Before: Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Rubin, JJ.


Defendant's suppression motion was properly denied. Probable cause for defendant's arrest for the robbery of a jewelry store was established by evidence that defendant's fingerprints were found in an area of the store that had been thoroughly cleaned immediately before the robbery. This evidence would lead a reasonable person to conclude that it was more probable than not that defendant was one of the perpetrators (see, People v. Radoncic, 239 A.D.2d 176, 179, lv denied 90 N.Y.2d 897). Since probable cause does not require proof beyond a reasonable doubt (People v. Bigelow, 66 N.Y.2d 417, 423), the People were not required to rule out any reasonable possibility that defendant left his fingerprints at some time prior to the robbery (cf., People v. Steele, A.D.2d [Oct 16, 2001], 2001 N.Y. App. Div. LEXIS 9651).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Snipes

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 2001
289 A.D.2d 116 (N.Y. App. Div. 2001)
Case details for

People v. Snipes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAVID J. SNIPES, ETC.…

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

Date published: Dec 18, 2001

Citations

289 A.D.2d 116 (N.Y. App. Div. 2001)
735 N.Y.S.2d 32

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