PEOPLE v. ALLEN

2006-11147.

2008 NY Slip Op 06378

THE PEOPLE, ETC., respondent, v. GARNER ALLEN, appellant.

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

Decided July 22, 2008.


Attorney(s) appearing for the Case

Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray and Karla Lato of counsel), for respondent.

Before: ROBERT A. SPOLZINO, J.P., FRED T. SANTUCCI, RANDALL T. ENG, JOHN M. LEVENTHAL, JJ.


DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the police had probable cause to arrest him (see CPL 70.10[2]; People v. Sanders, 79 A.D.2d 688; see generally People v. Carrasquillo, 54 N.Y.2d 248, 254). Accordingly, that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement...

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