People v. Ware
Cases that cite this one
2 later published cases cite this decision.
- People v. Calloway (Appellate Division of the Supreme Court of New York 2000)
- People v. Grant (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that he was illegally arrested in his home without a warrant and that the physical evidence, i.e., the gun, seized as the fruit of such an illegal arrest, should have been suppressed. Upon our review of the record, we conclude that Supreme Court properly concluded that the police had probable cause to arrest defendant based upon the information that they had received from a citizen informant (see, People v Bero, 139 AD2d 581, 584; People v Phillips, 120 AD2d 621). In addition, the record supports the suppression court’s determination that there were exigent circumstances present when the police observed defendant, who matched the description of a man who had just threatened a woman with a gun, about to enter a residence (see, People v Burr, 124 AD2d 5, 8, affd 70 NY2d 354, cert denied 485 US 989). Because the arrest was lawful, there is no merit to defendant’s contention that the gun should have been suppressed as “poisoned fruit”. (Appeal from Judgment of Supreme Court, Erie County, Forma, J.—Criminal Possession Weapon, 4th Degree.) Present—Pine, J. P., Lawton, Hayes, Callahan and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.