PEOPLE v. MARTE


295 A.D.2d 102 (2002)

747 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL MARTE, Appellant.

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

Decided June 4, 2002.


Defendant's suppression motion was properly denied. Probable cause does not require proof beyond a reasonable doubt of the elements of the crime suspected by the police (see, Brinegar v United States, 338 U.S. 160, 175; People v Bigelow, 66 N.Y.2d 417, 423). The police had probable cause to arrest defendant for possession of altered cable television boxes. Police officers investigating a possible...

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