People v. Boyd

OPINION OF THE COURT

Fein, J.

Defendant and his companion, Larry Fay, were apprehended by police investigating an early morning armed robbery of a subway token booth. Fay was discovered at. the time of apprehension to be carrying a gun. At the police precinct defendant later revealed he too carried a *226gun. Neither of the two was indicted for robbery. Thus, the sole issue before us is whether the police had probable cause to make the arrest leading to the discovery and seizure of defendant’s weapon. Defendant and Fay were observed and apprehended on the deserted street in the early morning in the…