People v. James

231 A.D.2d 428, 648 N.Y.S.2d 2, 1996 N.Y. App. Div. LEXIS 9308

Opinion

Judgment, Supreme Court, New York County (Renee White, J.), rendered July 7, 1993, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and seventh degrees, and sentencing him, as a second felony offender, to concurrent prison terms of 41h to 9 years and 1 year, respectively, unanimously affirmed.

Contrary to defendant’s contention, the surveilling officer’s testimony that, through high-powered binoculars from a distance of 125 to 130 feet and under adequate lighting, he saw a vial of crack cocaine in the hand of a person who had just handed defendant some money, is not inherently incredible or manifestly untrue, and accordingly defendant’s motion to suppress was properly denied (see, People v Sioba, 187 AD2d 317, lv denied 81 NY2d 893; People v Benitez, 162 AD2d 100). Concur—Rosenberger, J. P., Ellerin, Wallach, Tom and Andrias, JJ.