[DOWNLOAD] "People State New York v. Jonathan Wharton" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Jonathan Wharton
- Author : Court of Appeals of New York
- Release Date : January 22, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
On this appeal, the People urge us to reverse a finding of Nassau County Court, affirmed by the Appellate Division, that the police lacked probable cause to arrest defendant Jonathan Wharton. A probable cause determination, involving mixed questions of law and fact (People v Oden, 36 N.Y.2d 382, 384), is beyond the review powers of this court in those instances when conflicting inferences may be drawn from the record (see, e.g., People v Morales, 42 N.Y.2d 129, 134-135; People v Rizzo, 40 N.Y.2d 425, 430; People v Oden, supra). Where, as here, reasonable minds may differ as to the inferences and thus as to whether the arrest was justified, we may not interfere with the affirmed findings of that court possessing authority to resolve the issues of fact.
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