New York Court of Appeals

The People of the State of New York v. Wilfredo Rosario

October 24, 199178 N.Y.2d 583

Summary

The New York Court of Appeals affirmed the conviction, holding that the "fellow officer" rule applies to auxiliary police officers and that auxiliary Officer Hernandez had probable cause to direct the arrest. The Court rejected the defendant's argument that auxiliary officers lack authority to make arrests, and noted a dissent arguing the opposite.