NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
April 27, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
KELVIN DUNBAR, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered July 16, 2008, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 11/2 to 3 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Catterson, Moskowitz, Renwick, Richter, JJ.
The court properly denied defendant's suppression motion. Defendant's actions and spontaneous statements to the police reasonably conveyed that he had been selling jewelry without a vendor's license, and thus provided probable cause for his arrest, which did not require proof beyond a reasonable doubt (see e.g. People v Lewis, 50 AD3d 595 , lv denied 11 NY3d 790 ). Since the officer's belief that defendant had an outstanding warrant was not the basis for the arrest, but only for the officer's decision not to issue a summons, the People were not obligated to establish the validity of the warrant.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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