People v. Elder

Judgment, Supreme Court, New York County (Herbert Adlerberg, J.H.O., at hearing; James Yates, J., at plea and sentence), rendered March 10, 2005, convicting defendant of criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. The police clearly had probable cause to arrest the codefendant for possessing a stolen ATM card and using it to obtain cash. Defendant argues that the police nevertheless lacked probable cause to believe that he…