People v. Gray

As part of his pretrial omnibus motion, the defendant moved *893to suppress the identification testimony of two witnesses who had separately observed and identified him in a lineup after his arrest. The defendant argues that the police lacked probable cause to arrest him, and that the identifications should have been suppressed as the fruits of an illegal arrest. We agree.

While probable cause to arrest does not require the same quantum of proof necessary to support a conviction (see People v Bigelow, 66 NY2d 417, 423 [1985]), “it does require the existence of facts and circumstances which, viewed…