PEOPLE v. FERNANDEZ

1661, 6635/05

68 A.D.3d 469 (2009)

2009 NY Slip Op 9064

891 N.Y.S.2d 338

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD FERNANDEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 8, 2009.


Defendant's statements were not the product of an unlawful arrest. There was ample probable cause, and the victim's statement at a hospital showup that defendant was "not the guy" did not, under the totality of circumstances, obligate the police to release defendant without questioning him. In very close temporal and spatial proximity to the stabbing of an elderly man, the police encountered defendant, who was the only person in the area. Defendant's pants were bloody, and...

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