PEOPLE v. EASTMAN


32 A.D.3d 965 (2006)

821 N.Y.S.2d 263

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORAL EASTMAN, Appellant.

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

September 19, 2006.


Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's claim that the police lacked probable cause to arrest him was preserved for appellate review. Further, we agree with the defendant that the People failed to establish probable cause for his arrest by a detective at the 75th Precinct based on the "fellow officer rule." "Under the fellow officer rule, a police officer can make a lawful arrest even without personal knowledge sufficient...

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