Fourth Department – Probable cause: People v. Asbury

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Probable cause – Identification – Personal knowledge

People v. Asbury

KA 23-01095

Appealed from Monroe County Court

Background: The defendant appealed from his conviction of criminal possession of a weapon. He argues that the court erred in denying his motion to suppress tangible property and statements obtained as a result of an arrest and search.

Ruling: The Appellate Division reversed. The court held that a civilian property owner’s basis of knowledge for identifying the defendant was not established at the hearing. The court noted that at the suppression hearing two police officers testified that upon a search of the defendant they recovered a firearm. While the civilian had over 100 interactions with the defendant, the record was insufficient to determine whether the identification was more than speculation.

Alexander Prieto, of the public defender’s office, for the defendant-appellant; Aeron Schwallie, of the district attorney’s office, for the respondent.

Oral argument video