People v. Starks

Appellate Division of the Supreme Court of New York

People v. Starks

187 A.D.2d 380, 589 N.Y.S.2d 489, 1992 N.Y. App. Div. LEXIS 13130

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

DecidedNovember 19, 1992

StatusPublished

This text of 187 A.D.2d 380 (People v. Starks) 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. Starks, 187 A.D.2d 380, 589 N.Y.S.2d 489, 1992 N.Y. App. Div. LEXIS 13130 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, New York County (Robert M. Haft, J.), rendered September 26, 1990, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The informant’s statement, in which he admitted accompanying defendant to the victim’s apartment and remaining outside during the shooting, did not constitute a declaration against penal interest, and was therefore insufficient by itself to provide the police with probable cause to arrest defendant (see, People v Johnson, 66 NY2d 398, 402-404). However, the combination of the informant’s statement, his photo identification of defendant, and the detailed descriptions by the victim’s sister, who knew defendant from the neighborhood and saw him as he entered the apartment just before the shooting, was sufficient to provide probable cause, and thus the motion to suppress defendant’s statements was properly denied. Concur —Sullivan, J. P., Milonas, Ellerin and Kassal, JJ.

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Judgment, Supreme Court, New York County (Robert M. Haft, J.), rendered September 26, 1990, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The informant’s statement, in which he admitted accompanying defendant to the victim’s apartment and remaining outside during the shooting, did not constitute a declaration against penal interest, and was therefore insufficient by itself to provide the police with probable cause to arrest defendant (see, People v Johnson, 66 NY2d 398, 402-404). However, the combination of the informant’s statement, his photo identification of defendant, and the detailed descriptions by the victim’s sister, who knew defendant from the neighborhood and saw him as he entered the apartment just before the shooting, was sufficient to provide probable cause, and thus the motion to suppress defendant’s statements was properly denied. Concur —Sullivan, J. P., Milonas, Ellerin and Kassal, JJ.

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Bluebook (online)

187 A.D.2d 380, 589 N.Y.S.2d 489, 1992 N.Y. App. Div. LEXIS 13130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-starks-nyappdiv-1992.

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