PEOPLE v. MATIENZO


184 A.D.2d 296 (1992)

The People of the State of New York, Respondent, v. Sixto Matienzo, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 11, 1992


The primary issue raised on appeal is whether the prosecution met its burden at the suppression hearing to establish that probable cause existed for defendant's arrest. Defendant urges, and our dissenting colleague agrees, that it was error for the hearing court to have refused to require that the observing officer testify. In the circumstances presented, we conclude otherwise and, accordingly, affirm.

It is well established that an officer is entitled to assume the...

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