Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the third degree (Penal Law § 160.05) and two counts of grand larceny in the fourth degree (Penal Law § 155.30 [4], [5]) and sentencing him as a second felony offender to concurrent terms of incarceration with an aggregate term of 3 to 6 years. County Court properly denied defendant’s suppression motion. Contrary to the contention of defendant, the court properly determined that the police had probable cause to arrest him, i.e., it “appear[ed] to be at least more probable than not that a crime ha[d] taken place” and that defendant was the perpetrator (People v Carrasquillo, 54 NY2d 248, 254; see, People v Hughes, 227 AD2d 976, lv denied 88 NY2d 987). Also contrary to defendant’s contention, the testimony at the suppression hearing “provided sufficient information * * * so as to allow the hearing court to make an independent determination that the arrest was supported by probable cause” (People v Martinez, 245 AD2d 185, lv denied 91 NY2d 975; see, People v Milan, 215 AD2d 239, lv denied 86 NY2d 798). The sentence is not unduly harsh or severe. (Appeal from Judgment of Monroe County Court, Marks, J. — Robbery, 3rd Degree.) Present— Hayes, J. P., Scudder, Burns, Gorski and Lawton, JJ.
The People of the State of New York, Respondent, v. Timothy Schmitz, Appellant
289 A.D.2d 1022735 N.Y.S.2d 450
Authorities cited
No cited authorities resolved to law.co cases yet.