People v. Cruz

In People v Cruz (149 A.D.2d 151 [1st Dept]), the police made a warrantless arrest inside the defendant's apartment based on information obtained from the victim's husband - who was not a witness to the alleged robbery. In writing for a unanimous Appellate Division, which suppressed the evidence, Justice Sullivan noted that although this citizen - who was not an eyewitness - was presumed reliable, "when considering the tip of a citizen informant, a police officer must verify that the informant has a basis for the information he conveys ) ( id., at 157). But "to be distinguished, of course (Justice Sullivan also noted) are those cases where the citizen informant is an 'eyewitness-victim', since it is obvious that the informant's accusation is based on personal knowledge. " ( id., at 157-158).