People v. Simmons
Opinion of the Court
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered December 6, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
Defendant’s motion, insofar as it was to suppress a wallet and its contents recovered during a search incident to an arrest allegedly made without probable cause, was properly denied where defendant was apprehended while fleeing a liquor store by police officers who had been summoned to the scene by a radio call informing them of a robbery in progress. The totality of the information known to the officers, together with the reasonable inferences to be drawn therefrom, would clearly warrant a prudent person to believe that an offense had been committed; accordingly, there was probable cause for defendant’s arrest (see, People v Medina, 107 AD2d 302; People v Chapman, 103 AD2d 494). The pistol employed in the robbery was admissible as evidence against defendant since it had been abandoned by him prior to his arrest, and since the arresting officer’s testimony that he recovered the pistol from
Case-law data current through December 31, 2025. Source: CourtListener bulk data.