People v. Letendre

Mikoll, J. P. (concurring in part and dissenting in part).

I respectfully dissent from that portion of the majority’s decision which finds no error in County Court’s denial of defendant’s suppression motion.

Mindful that the analysis required of a court when determining whether the People have met their burden of demonstrating probable cause for an arrest is essentially the same as that applied when passing on an application for an arrest or search warrant (see, People v Parris, 83 NY2d 342, 346; People v Dodt, 61 NY2d 408, 415; People v Bouton, 50 NY2d 130, 135), my review of the Dunaway…