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PEOPLE v. PARRIS

83 N.Y.2d 342 (1994)

632 N.E.2d 870

610 N.Y.S.2d 464

The People of the State of New York, Respondent, v. Yuseff Parris, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1994.

Attorney(s) appearing for the Case

Abigail Everett, New York City, and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Steven J. Chananie and John M. Castellano of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and CIPARICK concur with Judge LEVINE; Judge SMITH dissents and votes to affirm in a separate opinion; Judge TITONE taking no part.

LEVINE, J.

The principal issue on this appeal is whether, at the suppression hearing, the People sufficiently established probable cause for defendant's warrantless arrest. The proof at the suppression hearing was as follows. The police received a report of a 911 call regarding a burglary in progress at 64-04 Wetherole Street, Queens County, from a next-door neighbor. Uniformed Officers Small and Lopez, on motor...

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