People v. Felton

Appellate Division of the Supreme Court of New York

People v. Felton

202 A.D.2d 208, 609 N.Y.S.2d 778, 1994 N.Y. App. Div. LEXIS 1835

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

DecidedMarch 3, 1994

StatusPublished

This text of 202 A.D.2d 208 (People v. Felton) 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. Felton, 202 A.D.2d 208, 609 N.Y.S.2d 778, 1994 N.Y. App. Div. LEXIS 1835 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered April 9, 1992, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to term of 3Vi to 7 years, unanimously affirmed.

Defendant failed to rebut the presumption of probable cause raised by the arresting officer's testimony that he acted after receiving a radio transmission from the undercover officer that defendant had just offered to sell him cocaine, which transmission described defendant’s physical features and stated that he was holding a bag containing cocaine (see, People v Acevedo, 179 AD2d 465, lv denied 79 NY2d 996). Concur — Sullivan, J. P., Ross, Asch, Rubin and Tom, JJ.

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—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered April 9, 1992, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to term of 3Vi to 7 years, unanimously affirmed.

Defendant failed to rebut the presumption of probable cause raised by the arresting officer's testimony that he acted after receiving a radio transmission from the undercover officer that defendant had just offered to sell him cocaine, which transmission described defendant’s physical features and stated that he was holding a bag containing cocaine (see, People v Acevedo, 179 AD2d 465, lv denied 79 NY2d 996). Concur — Sullivan, J. P., Ross, Asch, Rubin and Tom, JJ.

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Bluebook (online)

202 A.D.2d 208, 609 N.Y.S.2d 778, 1994 N.Y. App. Div. LEXIS 1835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-felton-nyappdiv-1994.

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