People v. Marte

—Judgment, Supreme Court, Bronx County (William Mogulescu, J., at hearing; Alexander Hunter, J., at jury trial and sentence), rendered March 22, 2000, convicting defendant of criminal possession of a controlled substance in the second degree, and sentencing him to a term of five years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. Probable cause does not require proof beyond a reasonable doubt of the elements of the crime suspected by the police (see, Brinegar v United States, 338 US 160, 175; People v Bigelow, 66 NY2d 417, 423). The police had probable…