| People v Huggins |
| 2013 NY Slip Op 08021 [112 AD3d 420] |
| December 3, 2013 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Phillip Huggins, Appellant. |
—[*1]
Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for
respondent.
Judgment, Supreme Court, New York County (Michael J. Obus, J., at suppression hearing; Thomas Farber, J., at plea and sentencing), rendered November 15, 2011, convicting defendant of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
The court properly denied defendant's motion to suppress physical evidence. An officer saw defendant engaging in conduct that reasonably appeared to be robbery, rather than horseplay as defendant now suggests. Accordingly, the officer had probable cause for an arrest, which does not require exclusion of all hypotheses of innocence (see e.g. People v Lewis, 50 AD3d 595 [2008], lv denied 11 NY3d 790 [2008]). Concur—Andrias, J.P., Acosta, Moskowitz, Richter and Manzanet-Daniels, JJ.