People v. Kelly

The record contains ample evidence to support the Trial Judge’s determination that the patrolmen had probable cause to arrest the defendant for a traffic infraction, since he allegedly attempted to flee when the officers requested his license and registration (Vehicle and Traffic Law, § 155; § 401, subd. 4). However the Trial Judge should also have passed, but failed to pass, upon the question of whether the patrolmen had probable cause to arrest the defendant for criminal possession of a forged instrument in the second degree, a class D felony (Penal Law, § 170.25). Since the Judge (People…