People v. Pope

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered August 28, 1992, convicting defendant, after a jury trial, of attempted burglary in the third degree and possession of burglar’s tools and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed.

Defendant’s motion to suppress the evidence obtained after he was stopped by the officer was properly denied. An off-duty officer witnessed the crime and identified the defendant, who was still in close proximity to the scene of the act. Probable cause existed since the identified off-duty officer, who gave the…