Legal Opinion
People v. Miner
New York Court of Appeals
Decided June 30, 1977PublishedCited by 40 opinions
1Opinion of the Court
Memorandum. The evidence needed to establish probable cause to justify an arrest does not have to be such as to warrant a conviction (Adams v Williams, 407 US 143, 149). In our view there was sufficient evidence for the trial court to find that the officer had probable cause to believe that the defendant committed a crime (see, e.g., People v Oden, 36 NY2d 382) and therefore the arrest was a proper one. The search incident to that arrest was authorized (People v Perel, 34 NY2d 462).
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order affirmed in a…
2Cases cited3 opinions
- Adams v. WilliamsSupreme Court of the United States · 1972
- People v. OdenNew York Court of Appeals · 1975
- People v. PerelNew York Court of Appeals · 1974
3Cited by40 opinions
- People v. McRayNew York Court of Appeals · 1980
- People v. CrosbyAppellate Division of the Supreme Court of the State of New York · 1983
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1986
- Veras v. Truth Verification Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- People v. SandersAppellate Division of the Supreme Court of the State of New York · 1980
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