PEOPLE v. JENKINS


47 N.Y.2d 722 (1979)

The People of the State of New York, Respondent, v. Theodore Jenkins, Appellant.

Court of Appeals of the State of New York.

Decided April 24, 1979.


Attorney(s) appearing for the Case

Matthew Muraskin, Michael J. Obus and Leslie P. Rudman for appellant.

Denis Dillon, District Attorney (Burton T. Ryan, Jr., and William C. Donnino of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The record reveals that the defendant's challenge to the existence of probable cause for his arrest was directed to the sufficiency of the evidence rather than its reliability. As to the latter, since the motion to suppress did not attack the underlying basis for the police alarm, the presumption of probable cause to issue it remained (see People...

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