Appellate Division of the Supreme Court of New York, 1998

People v. Rodriquez

People v. Rodriquez
Appellate Division of the Supreme Court of New York · Decided October 22, 1998
254 A.D.2d 181; 679 N.Y.S.2d 590; 1998 N.Y. App. Div. LEXIS 11141
People v. Rodriquez

Opinion of the Court

—Judgment, Supreme Court, New York County (James Yates, J.), rendered December 7, 1995, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.

The hearing court properly found that the police had probable cause to arrest defendant. The police had ample basis upon which to conclude that defendant was the same person who had been identified by eyewitnesses to the murder, including defendant’s nickname, physical description, connection with a particular bar, and status as the victim of a prior shooting (Brinegar v United States, 338 US 160, 175). Concur— Milonas, J. P., Williams, Andrias and Saxe, JJ.

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