People v. Shaw

Appellate Division of the Supreme Court of New York

People v. Shaw

128 A.D.2d 817, 512 N.Y.S.2d 1017, 1987 N.Y. App. Div. LEXIS 44505

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

DecidedMarch 23, 1987

StatusPublished

This text of 128 A.D.2d 817 (People v. Shaw) 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.

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People v. Shaw, 128 A.D.2d 817, 512 N.Y.S.2d 1017, 1987 N.Y. App. Div. LEXIS 44505 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Ain, J.), rendered May 23, 1984, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his arrest was not based upon probable cause (cf., Dunaway v New York, 442 US 200). We do not agree. Upon reviewing the record, we agree with the hearing court’s finding that a reasonable person possessing the same information and expertise as the arresting officer herein would conclude, under the circumstances, that a crime was being committed by the defendant at the time he was arrested (see, People v McCray, 51 NY2d 594, 602; People v Farinaro, 110 AD2d 653, 654). Brown, J. P., Lawrence, Fiber and Sullivan, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Ain, J.), rendered May 23, 1984, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his arrest was not based upon probable cause (cf., Dunaway v New York, 442 US 200). We do not agree. Upon reviewing the record, we agree with the hearing court’s finding that a reasonable person possessing the same information and expertise as the arresting officer herein would conclude, under the circumstances, that a crime was being committed by the defendant at the time he was arrested (see, People v McCray, 51 NY2d 594, 602; People v Farinaro, 110 AD2d 653, 654). Brown, J. P., Lawrence, Fiber and Sullivan, JJ., concur.

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Bluebook (online)

128 A.D.2d 817, 512 N.Y.S.2d 1017, 1987 N.Y. App. Div. LEXIS 44505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shaw-nyappdiv-1987.

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