People v. Kearse

Appellate Division of the Supreme Court of New York

People v. Kearse

211 A.D.2d 503, 621 N.Y.S.2d 335, 1995 N.Y. App. Div. LEXIS 347

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 17, 1995

StatusPublished

This text of 211 A.D.2d 503 (People v. Kearse) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Kearse, 211 A.D.2d 503, 621 N.Y.S.2d 335, 1995 N.Y. App. Div. LEXIS 347 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Frederic Berman, J., at suppression hearing; Antonio Brandveen, J., at plea and sentence) rendered October 8, 1992, convicting defendant, upon his plea of guilty, of robbery in the third degree and sentencing him to a term of 2Vz to 5 years, unanimously affirmed.

The testimony at the suppression hearing clearly established that the arresting officers had probable cause to effect an arrest of the defendant following their conversation with a sergeant at the scene of the crime. The information supplied to the arresting officers by the sergeant satisfied the requirements of the Aguilar-Spinelli test, rendering the sergeant’s testimony at the hearing unnecessary (People v Parris, 83 NY2d 342). The present argument was not made before the [504]*504hearing court, defendant having asked only for the opportunity to cross-examine the sergeant. Concur—Sullivan, J. P., Rosenberger, Nardelli and Williams, JJ.

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Judgment, Supreme Court, New York County (Frederic Berman, J., at suppression hearing; Antonio Brandveen, J., at plea and sentence) rendered October 8, 1992, convicting defendant, upon his plea of guilty, of robbery in the third degree and sentencing him to a term of 2Vz to 5 years, unanimously affirmed.

The testimony at the suppression hearing clearly established that the arresting officers had probable cause to effect an arrest of the defendant following their conversation with a sergeant at the scene of the crime. The information supplied to the arresting officers by the sergeant satisfied the requirements of the Aguilar-Spinelli test, rendering the sergeant’s testimony at the hearing unnecessary (People v Parris, 83 NY2d 342). The present argument was not made before the [504]*504hearing court, defendant having asked only for the opportunity to cross-examine the sergeant. Concur—Sullivan, J. P., Rosenberger, Nardelli and Williams, JJ.

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Bluebook (online)

211 A.D.2d 503, 621 N.Y.S.2d 335, 1995 N.Y. App. Div. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kearse-nyappdiv-1995.

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