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PEOPLE v. VANDOVER

No. 202.

20 N.Y.3d 235 (2012)

981 N.E.2d 784

958 N.Y.S.2d 83

2012 NY Slip Op 8170

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JEANNE M. VANDOVER, Respondent.

Court of Appeals of New York.

Decided November 29, 2012.

Attorney(s) appearing for the Case

Francis D. Phillips, II , District Attorney, Goshen ( Robert H. Middlemiss and Andrew R. Kass of counsel), for appellant.

Goldberg Segalla LLP, Albany ( Matthew S. Lerner and Marianne Arcieri of counsel), amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

CIPARICK, J.

In determining probable cause, the standard to be applied is that it must "appear to be at least more probable than not that a crime has taken place and that the one arrested is its perpetrator, for conduct equally compatible with guilt or innocence will not suffice" (People v Carrasquillo, 54 N.Y.2d 248, 254 [1981]). Applying this...

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