People v. LeGrand
Opinion of the Court
Order unanimously reversed on the law, defendant’s motion denied and indictment reinstated. Memorandum: The court erred in granting defendant’s motion to suppress the gun found in his car following his arrest based on its determination that the police lacked probable cause to arrest defendant. Probable cause requires information sufficient to support a reasonable belief that an offense is being committed or that evidence of a crime may be found in a certain place (People v Bigelow, 66 NY2d 417, 423; see, Brinegar v United States, 338 US 160, 175, reh denied 338 US 839). Probable cause does not require proof beyond a reasonable doubt, but information making it "more probable than not” that a crime has taken place and that the individual arrested is its perpetrator (People v Carrasquillo, 54 NY2d 248, 254). Probable cause may be supplied, in whole or in part, through hearsay information (People v Bigelow, supra). When the informant is an identifiable citizen, the People need not make the independent showing of reliability and basis of knowledge required when the informant is anonymous (People v Hicks, 38 NY2d 90, 93-94; People v Cantre, 95 AD2d 522, 526, affd 65 NY2d 790).
Applying those rules, we conclude that the police had probable cause to arrest defendant for criminal possession of a weapon. Relying primarily on information provided by Officer Broughton, the police knew that Broughton was defendant’s girlfriend, that defendant lived at Broughton’s house, that defendant had emotional problems and was behaving errati
Case-law data current through December 31, 2025. Source: CourtListener bulk data.