New York Court of Appeals, 1979

People v. Jenkins

New York Court of Appeals · Decided April 24, 1979 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur

47 N.Y.2d 722; 390 N.E.2d 775; 417 N.Y.S.2d 57; 1979 N.Y. LEXIS 1996

Cases that cite this one

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

People v. Dodt (Appellate Division of the Supreme Court of New York 1983)
People v. Brown (Criminal Court of the City of New York 1983)
People v. Bowdoin (Appellate Division of the Supreme Court of New York 1982)
People v. Shabazz (N.Y. 2003)
People v. Shabazz (Appellate Division of the Supreme Court of New York 2001)
People v. Pinckny (New York Supreme Court 2001)
People v. Boone (Appellate Division of the Supreme Court of New York 2000)
People v. Serrano (Appellate Division of the Supreme Court of New York 1996)
People v. Smith (Appellate Division of the Supreme Court of New York 1995)
People v. Cohen (Appellate Division of the Supreme Court of New York 1994)
People v. McCloud (Appellate Division of the Supreme Court of New York 1992)
People v. Allen (Appellate Division of the Supreme Court of New York 1991)
People v. Jordan (Appellate Division of the Supreme Court of New York 1991)
People v. Lopez (Appellate Division of the Supreme Court of New York 1990)
People v. Tyson (Appellate Division of the Supreme Court of New York 1990)
People v. Lewis (Appellate Division of the Supreme Court of New York 1990)
People v. Allen (New York County Courts 1990)
People v. Beckwith (Appellate Division of the Supreme Court of New York 1990)
People v. Rogers (Appellate Division of the Supreme Court of New York 1989)
People v. Jones (Appellate Division of the Supreme Court of New York 1989)
People v. Peters (Appellate Division of the Supreme Court of New York 1988)
People v. Williams (Appellate Division of the Supreme Court of New York 1986)
People v. Rogers (Appellate Division of the Supreme Court of New York 1986)
People v. Reddick (Appellate Division of the Supreme Court of New York 1985)
People v. Smith (Appellate Division of the Supreme Court of New York 1985)

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

*724 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The record reveals that thé defendant’s challenge to the existence of probable cause for his arrest was directed to the sufficiency of the evidence rather than its reliability. As to the latter, since the motion to suppress did not attack the underlying basis for the police alarm, the presumption of probable cause to issue it remained (see People v Lypka, 36 NY2d 210). The People therefore were not called upon to rebut the presumption by an evidentiary showing. And, absent attack on the bulletin, we find the other facts and circumstances sufficient to support the now affirmed finding of probable cause. It follows that the confession was not the fruit of an unlawful arrest.

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

Order affirmed in a memorandum.

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