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People v. Miner

366 N.E.2d 1353, 42 N.Y.2d 937, 397 N.Y.S.2d 999, 1977 N.Y. LEXIS 2265
New York Court of Appeals·Decided June 30, 1977·Published·Cited by 40 cases

Opinion

Memorandum. The evidence needed to establish probable cause to justify an arrest does not have to be such as to warrant a conviction (Adams v Williams, 407 US 143, 149). In our view there was sufficient evidence for the trial court to find that the officer had probable cause to believe that the defendant committed a crime (see, e.g., People v Oden, 36 NY2d 382) and therefore the arrest was a proper one. The search incident to that arrest was authorized (People v Perel, 34 NY2d 462).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

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People v. Miner, 366 N.E.2d 1353, 42 N.Y.2d 937, 397 N.Y.S.2d 999, 1977 N.Y. LEXIS 2265 (N.Y. 1977).

366 N.E.2d 1353 (People v. Miner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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