People v. Brunner

248 A.D.2d 241, 671 N.Y.S.2d 214, 1998 N.Y. App. Div. LEXIS 2571

Opinion

—Judgment, Supreme Court, New York County (Laura Drager, J.), rendered July 10, 1995, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a persistent violent second felony offender, to a term of 6 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. Probable cause- for defendant’s arrest for disorderly conduct (Penal Law § 240.20 [1]) was provided by defendant’s fighting with another person in the middle of a street while a crowd watched (Goldstein v Metro-North Commuter R. R. Co., 207 AD2d 723; People v Shapiro, 96 AD2d 626). Probable cause to arrest did not require proof beyond a reasonable doubt of the elements of disorderly conduct.

Concur — Ellerin, J. P., Wallach, Rubin, Tom and Saxe, JJ.