People v. Deale

Appellate Division of the Supreme Court of New York

People v. Deale

2016 NY Slip Op 6981, 143 A.D.3d 621, 40 N.Y.S.3d 71

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

DecidedOctober 25, 2016

Docket4791/13 2044A 2338/14 2044

StatusPublished

Cited by1 cases

This text of 2016 NY Slip Op 6981 (People v. Deale) 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. Deale, 2016 NY Slip Op 6981, 143 A.D.3d 621, 40 N.Y.S.3d 71 (N.Y. Ct. App. 2016).

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Opinion

Judgments, Supreme Court, New York County (Robert M. Stolz, J., at controlled substance plea; Edward J. McLaughlin, *622 J., at suppression hearing, conspiracy plea and sentencing), convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the third degree and conspiracy in the fourth degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to an aggregate term of six years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations. An officer with extensive experience in drug investigations, including numerous drug arrests at the location of defendant’s arrest, saw defendant look from side to side and immediately hand to another person a small, mostly white object, that appeared to the officer to be a glassine envelope of heroin. Although the officer was unable to be certain of this, probable cause does not require certainty, and the totality of the circumstances provided probable cause for defendant’s arrest (see People v Jones, 90 NY2d 835 [1997]; People v McRay, 51 NY2d 594, 603-604 [1980]).

Concur — Acosta, J.P., Renwick, Saxe, Feinman and Kahn, JJ.

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Judgments, Supreme Court, New York County (Robert M. Stolz, J., at controlled substance plea; Edward J. McLaughlin, *622 J., at suppression hearing, conspiracy plea and sentencing), convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the third degree and conspiracy in the fourth degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to an aggregate term of six years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations. An officer with extensive experience in drug investigations, including numerous drug arrests at the location of defendant’s arrest, saw defendant look from side to side and immediately hand to another person a small, mostly white object, that appeared to the officer to be a glassine envelope of heroin. Although the officer was unable to be certain of this, probable cause does not require certainty, and the totality of the circumstances provided probable cause for defendant’s arrest (see People v Jones, 90 NY2d 835 [1997]; People v McRay, 51 NY2d 594, 603-604 [1980]).

Concur — Acosta, J.P., Renwick, Saxe, Feinman and Kahn, JJ.

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Bluebook (online)

2016 NY Slip Op 6981, 143 A.D.3d 621, 40 N.Y.S.3d 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-deale-nyappdiv-2016.

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