PEOPLE v. STEELE (2005)

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J. at suppression hearing;  Daniel P. FitzGerald, J. at jury trial and sentence), rendered April 16, 1996, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/212 to 7 years, unanimously affirmed.

 The court properly denied defendant's suppression motion.   The police had, at least, reasonable suspicion for defendant's initial detention, since the victim's account of a criminal incident contained sufficient indicia of defendant's accessorial liability.   Moreover, defendant put his hands up before the officer said anything.   These circumstances, coupled with the discovery of a discarded pistol in defendant's close proximity, clearly provided probable cause for defendant's arrest (see e.g. People v. Davis, 308 A.D.2d 343, 764 N.Y.S.2d 184 [2003], lv. denied 1 N.Y.3d 570, 775 N.Y.S.2d 787, 807 N.E.2d 900 [2003];  People v. Hutson, 270 A.D.2d 45, 704 N.Y.S.2d 50 [2000], lv. denied 95 N.Y.2d 854, 714 N.Y.S.2d 5, 736 N.E.2d 866 [2000] ).   Probable cause does not require proof beyond a reasonable doubt (see Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 93 L.Ed. 1879 [1949];  People v. Bigelow, 66 N.Y.2d 417, 423, 497 N.Y.S.2d 630, 488 N.E.2d 451 [1985] ).

Defendant's remaining contention is unpreserved (People v. George, 67 N.Y.2d 817, 819, 501 N.Y.S.2d 639, 492 N.E.2d 767 [1986] ), and we decline to review it in the interest of justice.   Were we to review this claim, we would find no basis for reversal.