People v. Vandover

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 NY2d 248, 254 [1981]). Applying this standard, there is support in the record for the Appellate Term’s determination that the facts did not support probable cause to arrest defendant. That determination, based on a mixed question of law and fact, is beyond our further…