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People v Carasquillo (Luis)
2006 NY Slip Op 50791(U) [11 Misc 3d 144(A)]
Decided on May 2, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 2, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DAVIS, J.P., SCHOENFELD, J.
570387/05

People of the State of New York, Appellant,

against

Luis Carasquillo, Defendant-Respondent.


The People appeal from an order of the Criminal Court, Bronx County (Richard Lee Price, J.), dated March 16, 2005, which granted defendant's motion to suppress physical evidence and statements.


PER CURIAM:

Order (Richard Lee Price, J.) dated March 16, 2005 reversed, on the law, the indictment reinstated, and the matter remanded for further proceedings.

Probable cause for defendant's arrest was established by the totality of the chain of information which linked defendant to the crime (see People v Bigelow, 66 NY2d 417, 423 [1985]), including information from a citizen informant at the scene who identified defendant as the owner and driver of the car, the crowd of bystanders who pointed at defendant, stating that he had been driving the car, and the officer's own observations of the scene and of defendant, who was leaning on the trunk of his car, unstable and with bloodshot, watery eyes, and the odor of alcohol on his breath (see People v Moskal, 262 AD2d 986 [1999]).

This constitutes the decision and order of the court.
Decision Date: May 2, 2006