PEOPLE v. RODRIGUEZ

Ind. No. 3938/14. Appeal No. 12595. Case No. 2018-3443.

189 A.D.3d 505 (2020)

133 N.Y.S.3d 792

2020 NY Slip Op 07463

The People of the State of New York, Respondent, v. Eric Rodriguez, Appellant.

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

Decided December 10, 2020.


Attorney(s) appearing for the Case

Stephen Chu , Interim Attorney-in-Charge, Office of the Appellate Defender, New York ( Catherine Taylor Poor of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Felicia A. Yancey of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.


The court properly denied defendant's suppression motion. Defendant's arrest was lawfully supported by probable cause based on the police officers' observations of a struggle, the victim's pointing at defendant while speaking in Spanish, an unidentified bystander's volunteered translation indicating that defendant had just robbed the victim, and the $200 that fell out of defendant's pocket.

The bystander's hearsay statements, which provided necessary context for the...

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