New York Court of Appeals, 1977

People v. Miner

New York Court of Appeals · Decided June 30, 1977 · Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur

42 N.Y.2d 937; 366 N.E.2d 1353; 397 N.Y.S.2d 999; 1977 N.Y. LEXIS 2265

Cases that cite this one

40 later published cases cite this decision. The 25 that cite it most often are listed here.

Downs v. Town of Guilderland (Appellate Division of the Supreme Court of New York 2010)
People v. Russo (Nassau County District Court 2009)
People v. Dolly (Appellate Division of the Supreme Court of New York 2004)
People v. Guo Fai Liu (Appellate Division of the Supreme Court of New York 2000)
People v. Travis (Appellate Division of the Supreme Court of New York 1999)
People v. Jackson (Appellate Division of the Supreme Court of New York 1998)
People v. Hamilton (Appellate Division of the Supreme Court of New York 1998)
People v. Moore (Appellate Division of the Supreme Court of New York 1997)
People v. Campbell (Appellate Division of the Supreme Court of New York 1996)
People v. Johnson (Appellate Division of the Supreme Court of New York 1996)
Jenks v. State (Appellate Division of the Supreme Court of New York 1995)
People v. Alpern (Appellate Division of the Supreme Court of New York 1995)
People v. Curtis (Appellate Division of the Supreme Court of New York 1992)
People v. Dawkins (Appellate Division of the Supreme Court of New York 1990)
People v. Rivera (Appellate Division of the Supreme Court of New York 1990)
People v. Reid (Appellate Division of the Supreme Court of New York 1988)
People v. Pedreira (Appellate Division of the Supreme Court of New York 1988)
People v. Scalzo (New York County Courts 1988)
People v. Lopez (Appellate Division of the Supreme Court of New York 1987)
People v. Ordine (Appellate Division of the Supreme Court of New York 1987)
People v. Gordon (Appellate Division of the Supreme Court of New York 1987)
People v. White (Appellate Division of the Supreme Court of New York 1986)
People v. Mercado (Appellate Division of the Supreme Court of New York 1986)
People v. Manners (Appellate Division of the Supreme Court of New York 1986)
Davis v. State (Appellate Division of the Supreme Court of New York 1986)

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

Memorandum. The evidence needed to establish probable cause to justify an arrest does not have to be such as to warrant a conviction (Adams v Williams, 407 US 143, 149). In our view there was sufficient evidence for the trial court to find that the officer had probable cause to believe that the defendant committed a crime (see, e.g., People v Oden, 36 NY2d 382) and therefore the arrest was a proper one. The search incident to that arrest was authorized (People v Perel, 34 NY2d 462).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.