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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
CourtNew York Court of Appeals
DecidedJune 30, 1977
StatusPublished
Cited by40 cases

This text of 366 N.E.2d 1353 (People v. Miner) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Bluebook (online)
366 N.E.2d 1353, 42 N.Y.2d 937, 397 N.Y.S.2d 999, 1977 N.Y. LEXIS 2265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miner-ny-1977.