People v. Francis, 44 A.D.3d 788 (N.Y. App. Div. 2007). · Go Syfert
People v. Francis, 44 A.D.3d 788 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Layden (Christopher) (nyappterm, 2022-03-25)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Layden (Christopher)
N.Y. App. Term. · 2022 · confidence medium
After considering all of the facts and circumstances ( see People v Shulman , 6 NY3d 1, 26 [2005]; People v Bigelow , 66 NY2d 417, 423 [1985]), including the detective's training and experience ( see People v Joseph , 27 NY3d 1009, 1011 [2016]; People v Jones , 90 NY2d 835, 837 [1997]), we find that the detective had reasonable cause to believe that an offense had been committed and that defendant had committed the offense ( see People v Carrasquillo , 54 NY2d 248, 254 [1981]; People v Green , 100 AD3d 654 , 654 [2012]; People v Francis , 44 AD3d 788, 789 [2007]).
discussed Cited as authority (rule) People v. Bowers
N.Y. App. Div. · 2015 · confidence medium
Therefore, the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress the physical evidence obtained after his arrest (see People v Vasquez, 94 AD3d 915 [2012]; People v Francis, 44 AD3d 788, 789 [2007]). *705 Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of 10 counts of robbery in the first degree and five counts of robbery in the second degree under an accomplice theory of liability beyond a reasonable d…
discussed Cited as authority (rule) People v. Bowers
N.Y. App. Div. · 2015 · confidence medium
Contrary to the defendant’s contention, considering all of the available facts and circumstances, the police possessed probable cause to arrest him (see People v Bigelow, 66 NY2d 417, 423 [1985]) and, therefore, the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress the physical evidence obtained after his arrest (see People v Vasquez, 94 AD3d 915 [2012]; People v Francis, 44 AD3d 788, 789 [2007]).
discussed Cited as authority (rule) People v. Washington
N.Y. App. Div. · 2013 · confidence medium
“The credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record” (People v Condon, 100 AD3d 920, 920 [2012]; see People v Prochilo, 41 NY2d 759 , 761 [1977]; People v Francis, 44 AD3d 788, 789 [2007]).
discussed Cited as authority (rule) People v. Washington
N.Y. App. Div. · 2013 · confidence medium
“The credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record” (People v Condon, 100 AD3d 920, 920 [2012]; see People v Prochilo, 41 NY2d 759 , 761 [1977]; People v Francis, 44 AD3d 788, 789 [2007]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2012 · confidence medium
“On a motion to suppress physical evidence, the People bear the burden of going forward to establish the legality of police conduct in the first instance” (People v Hernandez, 40 AD3d 777, 778 [2007]). “ ‘Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed or that evidence of a crime may be found in a certain place’ and that the person being arrested committed the crime or offense” (People v Francis, 44 AD3d 788, 789 [2007], …
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2012 · confidence medium
“On a motion to suppress physical evidence, the People bear the burden of going forward to establish the legality of police conduct in the first instance” (People v Hernandez, 40 AD3d 777, 778 [2007]). “ ‘Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed or that evidence of a crime may be found in a certain place’ and that the person being arrested committed the crime or offense” (People v Francis, 44 AD3d 788, 789 [2007], …
discussed Cited as authority (rule) People v. Capela
N.Y. App. Div. · 2012 · confidence medium
Frobable cause does not require proof beyond a reasonable doubt (see People v Bigelow, 66 NY2d 417, 423 [1985]; People v Francis, 44 AD3d 788, 789 [2007]), but, rather, requires “the existence of facts and circumstances which, when viewed as a whole, would lead a reasonable person possessing the same expertise as the arresting officer to conclude that an offense has been or is being committed, and that the defendant committed or is committing that offense” (People v Wright, 8 AD3d 304, 306 [2004]; see People v Bigelow, 66 NY2d at 423 ).
discussed Cited as authority (rule) People v. Capela
N.Y. App. Div. · 2012 · confidence medium
Frobable cause does not require proof beyond a reasonable doubt (see People v Bigelow, 66 NY2d 417, 423 [1985]; People v Francis, 44 AD3d 788, 789 [2007]), but, rather, requires “the existence of facts and circumstances which, when viewed as a whole, would lead a reasonable person possessing the same expertise as the arresting officer to conclude that an offense has been or is being committed, and that the defendant committed or is committing that offense” (People v Wright, 8 AD3d 304, 306 [2004]; see People v Bigelow, 66 NY2d at 423 ).
discussed Cited as authority (rule) People v. DiPippo
N.Y. App. Div. · 2011 · confidence medium
Under the circumstances, including the failure of the trial record to support trial counsel’s hearing testimony and his re sponse to the lengthy hypothetical posed to him at the hearing by the defendant’s attorney, we need not defer to the Supreme Court’s determination finding trial counsel credible (see People v Prochilo, 41 NY2d 759 , 761 [1977]; People v Bhattacharjee, 51 AD3d 684 [2008]; People v Britton, 49 AD3d 893, 894 [2008]; People v Francis, 44 AD3d 788, 789 [2007]; cf. People v Knudsen, 34 AD3d 496, 497 [2006]).
discussed Cited as authority (rule) People v. Contant
N.Y. App. Div. · 2010 · confidence medium
The credibility determinations of a hearing court are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record (see People v McRay, 51 NY2d 594, 602 [1980]; People v Castro, 73 AD3d 800 [2010], lv denied 15 NY3d 803 [2010]; People v Shackleford, 57 AD3d 578 [2008]; People v Francis, 44 AD3d 788, 789 [2007]; People v Cooper, 38 AD3d 678, 679 [2007]).
discussed Cited as authority (rule) People v. Montoya
N.Y. App. Div. · 2009 · confidence medium
Since the record is devoid of any evidence of inappropriate touching or sexual misconduct during that time period (see People v Francis, 44 AD3d 788, 790 [2007]; People v Smith, 31 AD3d 792 [2006]), the evidence did not show the elements of sexual abuse in the second degree during that period (see Penal Law § 130.00 [3]; § 130.60 [2]), and that charge must be dismissed.
discussed Cited as authority (rule) People v. Henderson
N.Y. App. Div. · 2008 · confidence medium
“On a motion to suppress physical evidence, the People bear the burden of going forward to establish the legality of police conduct in the first instance” (People v Hernandez, 40 AD3d 777, 778 [2007]). “ ‘Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed or that evidence of a crime may be found in a certain place’ and that the person being arrested committed the crime or offense” (People v Francis, 44 AD3d 788, 789 [2007], …
discussed Cited as authority (rule) People v. Vega
N.Y. App. Div. · 2008 · confidence medium
“The probable cause determination of the hearing court, which had the advantage of hearing and seeing the witnesses firsthand, is to be accorded great weight on appeal, and will not be disturbed unless clearly unsupported by the record” (People v Francis, 44 AD3d 788, 789 [2007]; see People v Prochilo, 41 NY2d 759 , 761 [1977]).
discussed Cited as authority (rule) People v. Bhattacharjee
N.Y. App. Div. · 2008 · confidence medium
Furthermore, credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v Britton, 49 AD3d 893 [2008]; People v Francis, 44 AD3d 788, 789 [2007]).
discussed Cited as authority (rule) People v. Britton
N.Y. App. Div. · 2008 · confidence medium
The credibility determination of the hearing court, with its particular advantages of having seen and heard the witnesses, is entitled to great deference on appeal (see People v Prochilo, 41 NY2d 759 , 761 [1977]) and will not be disturbed unless clearly erroneous (see People v Francis, 44 AD3d 788, 789 [2007], lv denied 9 NY3d 1033 [2008]; People v Stevens, 43 AD3d 1088 , 1089 [2007], lv denied 9 NY3d 1039 [2008]; People v Jamison, 188 AD2d 551 [1992]).
discussed Cited "see" People v. Jacob
N.Y. App. Div. · 2011 · signal: see · confidence high
“Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been . . . committed” and that the person being arrested committed the crime or offense (People v Bigelow, 66 NY2d 417, 423 [1985]; see People v Francis, 44 AD3d 788, 789 [2007]). “[A] police officer can make a lawful arrest even without personal knowledge sufficient to establish probable cause, so long as the officer is acting upon the direction of or as a result of communication with a fellow officer or …
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jude Francis
Appellate Division of the Supreme Court of the State of New York.
Oct 9, 2007.
44 A.D.3d 788
Cited by 19 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered April 29, 2005, convicting him of rape in the first degree and robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant’s omnibus motion which were to suppress physical evidence and to suppress his statements to law enforcement officials.

Ordered that the judgment is affirmed.

The defendant was convicted of forcibly robbing and raping the complainant at approximately 5:00 a.m. on April 12, 2003, while the complainant was walking to the subway to go to work. Within minutes of receiving a radio transmission of a crime in progress, Police Officers Panzella and Lendemann responded to the area. They observed the defendant, who was partially undressed with his pants “half down to his ankles,” and the complainant, who was crying and yelling that she was being raped. Police Officer Panzella observed the defendant’s face for a matter of seconds before he fled, and noticed that he was wearing a black jacket and boots.

[*789] Officer Panzella chased, the defendant across a porch, up a fence, and onto a rooftop, where Panzella remained after losing sight of the defendant. Two additional police officers arrived at the scene and spoke to the complainant. Additional radio descriptions of the perpetrator were broadcast as well as requests for aviation and canine units. Officers from the Emergency Services Unit and Police Officer Saunier of the Emergency Services Canine Unit, joined the search for the defendant. Officer Saunier knew that they were looking for the perpetrator of a sexual assault, but he was never given a description of the defendant.

Suspecting that the defendant was in an abutting lot to the crime scene surrounded by a locked fence, Saunier, on the scene with Officer Lendemann, called out that he had a trained dog, who was going to be released if anyone in the lot did not come out. There was no response and the dog was released. The dog retrieved a blue Timberland work boot which, according to Lendemann, matched another boot found at the crime scene. The dog was thereafter redeployed to search the same lot and found the defendant, without shoes, hiding under a pile of debris. The defendant was placed under arrest.

After a joint Dunaway, Mapp, and Huntley, hearing (see Dunaway v New York , 442 US 200 [1979]; Mapp v Ohio, 367 US 643 [1961]; People v Huntley, 15 NY2d 72 [1965]), the Supreme Court denied those branches of the defendant’s omnibus motion which were to suppress the property recovered from him and the subsequent statements he made to investigators. On appeal, the defendant challenges, inter alia, the probable cause for his arrest. We affirm.

“Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed or that evidence of a crime may be found in a certain place” and that the person being arrested committed the crime or offense (People v Bigelow, 66 NY2d 417, 423 [1985]; People v McRay, 51 NY2d 594, 602 [1980]; People v De Bour, 40 NY2d 210, 223 [1976]; People v Harris, 224 AD2d 711 [1996]). That legal conclusion is to be made after considering “all of the facts and circumstances together” (People v Bigelow, 66 NY2d at 423). The probable cause determination of the hearing court, which had the advantage of hearing and seeing the witnesses firsthand, is to be accorded great weight on appeal, and will not be disturbed unless clearly unsupported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]; People v Stevens, 43 AD3d 1088 [2007]; People v Rios, 11 AD3d 641, 642 [2004]; People v Cameron, 6 AD3d 546 [2004]).

[*790] Under all of the facts and circumstances of this case (see People v Bigelow, 66 NY2d at 423), the police possessed probable cause to arrest the defendant (see People v Ramirez Portoreal, 88 NY2d 99, 113-114 [1996]; People v McPherson, 300 AD2d 194 [2002]; People v Turner, 295 AD2d 545 [2002]), and the hearing court properly denied those branches of the defendant’s omnibus motion which were to suppress the physical evidence obtained and statements made to police officers after his arrest (see People v Nealy, 32 AD3d 400, 401 [2006]; People v Vasquez, 291 AD2d 465 [2002]).

The defendant’s contention that the evidence was legally insufficient to support his conviction of robbery in the first degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Belasquez, 266 AD2d 557 [1999]), and we decline to review it in the exercise of our interest of justice jurisdiction.

The defendant’s remaining contention is without merit. Rivera, J.P., Covello, Balkin and McCarthy, JJ., concur.