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People v. Wharton

388 N.E.2d 341, 46 N.Y.2d 924, 415 N.Y.S.2d 204, 1979 N.Y. LEXIS 1852
CourtNew York Court of Appeals
DecidedFebruary 22, 1979
StatusPublished
Cited by24 cases

This text of 388 N.E.2d 341 (People v. Wharton) 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. Wharton, 388 N.E.2d 341, 46 N.Y.2d 924, 415 N.Y.S.2d 204, 1979 N.Y. LEXIS 1852 (N.Y. 1979).

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

On this appeal, the People urge us to reverse a finding of Nassau County Court, affirmed by the Appellate Division, that the police lacked probable cause to arrest defendant Jonathan Wharton. A probable cause determination, involving mixed questions of law and fact (People v Oden, 36 NY2d 382, 384), is beyond the review powers of this court in those instances when conflicting inferences may be drawn from the record (see, e.g., People v Morales, 42 NY2d 129, 134-135; People v Rizzo, 40 NY2d 425, 430; People v Oden, supra). Where, as here, reasonable minds may differ as to the inferences and thus as to whether the arrest was justified, we may not interfere with the affirmed findings of that court possessing authority to resolve the issues of fact.

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Bluebook (online)
388 N.E.2d 341, 46 N.Y.2d 924, 415 N.Y.S.2d 204, 1979 N.Y. LEXIS 1852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wharton-ny-1979.