PEOPLE v. DIAZ

570776/13.

143 A.D.3d 559 (2016)

2016 NY Slip Op 06863

40 N.Y.S.3d 368

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR DIAZ, Appellant.

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

Decided October 20, 2016.


Except with regard to items recovered from a backpack, the court properly denied defendant's suppression motion. The police had probable cause for defendant's arrest, based on a chain of events, before, during and after the crime, that compelled the conclusion that defendant broke into a vehicle. An officer virtually observed the crime and defendant's immediate flight, even though the officer heard, but did not see, the actual breaking of the vehicle's window (see e.g...

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