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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAROL MINER, Appellant.

MEMORANDUM.

The evidence needed to establish probable cause to justify an arrest does not have to be such as to warrant a conviction (Adams v Williams, 407 U.S. 143, 149). In our view there was sufficient evidence for the trial court to find that the officer had probable cause to believe that the defendant committed a crime (see, e.g., People v Oden, 36 N.Y.2d 382) and therefore the arrest was a proper one. The search incident to that arrest was authorized (People v Perel, 34 N.Y.2d 462).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed in a memorandum.

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PEOPLE v. MINER
(Jun 30, 1977)