People v. Miner
New York Court of Appeals
People v. Miner, 42 N.Y.2d 937 (N.Y. 1977)
366 N.E.2d 1353; 397 N.Y.S.2d 999; 1977 N.Y. LEXIS 2265
Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur
People v. Miner
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.
Reference
- Full Case Name
- The People of the State of New York, Respondent, v. Carol Miner, Appellant
- Cited By
- 40 cases
- Status
- Published