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People v. Dunbar

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 27, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
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.

515/08

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 [2008], lv denied 11 NY3d 790 [2008]). 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.

20100427

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