People v. Polk

Order, Supreme Court, New York County (Jeffrey Atlas, J.), entered June 29, 1988, which granted defendant’s motion to suppress physical evidence and evidence concerning identification, unanimously reversed, on the law, the motion denied, and the matter remanded for further proceedings.

Although this was a close case, upon reviewing the facts, we find ourselves in disagreement with the decision of the hearing court to suppress. We reverse and hold that the evidence in this case, examined in its totality, is sufficient to establish probable cause, and further hold that defendant’s motion should…