People v. Felton

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

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.