People v. Bellow

Appellate Division of the Supreme Court of New York

People v. Bellow

255 A.D.2d 450, 680 N.Y.S.2d 856, 1998 N.Y. App. Div. LEXIS 12001

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1998

StatusPublished

Cited by4 cases

This text of 255 A.D.2d 450 (People v. Bellow) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bellow, 255 A.D.2d 450, 680 N.Y.S.2d 856, 1998 N.Y. App. Div. LEXIS 12001 (N.Y. Ct. App. 1998).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered September 19, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and sentencing him to an indeterminate term of 7 to 14 years imprisonment. The appeal brings up for review the denial, after a hearing (Finnegan, J.), of those branches of the defendant’s omnibus motion which were to suppress physical evidence and identification testimony.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of 5 to 10 years imprisonment; as so modified, the judgment is affirmed.

The defendant’s contentions in support of his argument that the police lacked probable cause for his arrest are unpreserved for appellate review (see, People v Brown, 232 AD2d 168; People v Rush, 230 AD2d 924). In any event, the record demonstrates that the police had probable cause to arrest the defendant (see, People v Haynes, 251 AD2d 595).

The sentence imposed is excessive to the extent indicated herein. Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered September 19, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and sentencing him to an indeterminate term of 7 to 14 years imprisonment. The appeal brings up for review the denial, after a hearing (Finnegan, J.), of those branches of the defendant’s omnibus motion which were to suppress physical evidence and identification testimony.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of 5 to 10 years imprisonment; as so modified, the judgment is affirmed.

The defendant’s contentions in support of his argument that the police lacked probable cause for his arrest are unpreserved for appellate review (see, People v Brown, 232 AD2d 168; People v Rush, 230 AD2d 924). In any event, the record demonstrates that the police had probable cause to arrest the defendant (see, People v Haynes, 251 AD2d 595).

The sentence imposed is excessive to the extent indicated herein. Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.

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Bluebook (online)

255 A.D.2d 450, 680 N.Y.S.2d 856, 1998 N.Y. App. Div. LEXIS 12001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bellow-nyappdiv-1998.

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