People v. Thomas

Sep 12, 2006
Versions:32 A.D.3d 869
820 N.Y.S.2d 528

Ordered that the order is affirmed insofar as appealed from.

At the time the police officers placed the defendant under arrest, they did not have reliable information sufficient to establish probable cause to believe that a crime had been committed and that the defendant had committed it (see People v Parris, 83 NY2d 342, 350 [1994]; People v Carrasquillo, 54 NY2d 248 [1981]). Accordingly,the Supreme Court properly suppressed, as the fruits of the unlawful arrest, the physical evidence seized from the defendant and the testimony of his show-up identification {see People v Diaz, 274 AD2d 589 [2000]; People v Skinner, 220 AD2d 350 [1995]). Ritter, J.P., Rivera, Skelos and Fisher, JJ., concur.