People v. Jenkins

90 A.D.3d 1326, 935 N.Y.2d 204
Appellate Division of the Supreme Court of the State of New York·Decided December 22, 2011·Published·Cited by 18 cases

Opinion

Egan Jr., J.

[1327]*1327In May 2008, Frank Kormos, an individual facing potential drug charges and seeking to curry favor with the Broome County Sheriffs Department, agreed to arrange a controlled buy with defendant. As a result of this successful transaction, defendant was indicted and charged with criminal sale of a controlled substance in the second degree, criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree (two counts). Following the denial of defendant’s motion to suppress the physical evidence seized at the time of his arrest and a jury trial, defendant was convicted on all counts and sentenced to concurrent prison terms of seven years on each count followed by a period of postrelease supervision. Defendant’s subsequent motion pursuant to CPLR 5525 (c) to settle the trial transcript was denied, prompting these appeals.

Initially, we reject defendant’s assertion that County Court erred in denying his suppression motion. Probable cause for an arrest “exists when an officer has knowledge of facts and circumstances sufficient to support a reasonable belief that an offense has been or is being committed” (People v Maldonado, 86 NY2d 631, 635 [1995] [internal quotation marks and citation omitted]; accord People v Parker, 84 AD3d 1508, 1509 [2011]; see People v Dowling, 75 AD3d 838, 840 [2010], lv denied 15 NY3d 952 [2010]). “Such facts and circumstances must make it more probable than not that a crime has taken place and that the one arrested is its perpetrator” (People v Parker, 84 AD3d at 1509 [internal quotation marks and citations omitted]). In this regard, “[a]n arresting officer may rely on information obtained from a fellow officer so long as the police as a whole were in possession of information sufficient to constitute probable cause to make the arrest” (People v Sudler, 75 AD3d 901, 902 [2010], lv denied 15 NY3d 956 [2010] [internal quotation marks and citations omitted]; see People v Douglas, 42 AD3d 756, 758 [2007], lv denied 9 NY3d 922 [2007]; People v Bell, 5 AD3d 858, 859 [2004]).

Here, the record reflects that on the evening in question, Kormos agreed to contact defendant, an individual known to him as “Joe Man,” and arrange to purchase a quantity of [1328]*1328cocaine. Kormos — in the presence of Detective Sergeant Frederick Akshar and utilizing the speaker phone feature on his cell phone — contacted Joe Man, who agreed to meet Kormas in one hour on Medford Street, a dead-end street located in the City of Binghamton, Broome County, and sell him one half of an ounce of cocaine. Kormos described Joe Man as a light-skinned black male, who would be coming from the direction of the Village of Johnson City in Broome County and driving a “very nice black Audi.” Approximately 25 minutes later, Joe Man called back and indicated that he was en route, at which time Akshar relayed the time and location of the buy, as well as the description of Joe Man, the vehicle and the quantity of drugs to be sold, to his fellow officers. At the appointed hour, a vehicle and individual matching that description stopped short of the intersection of Medford and Saratoga Streets and was approached by Sergeant Christopher Braceo. As the vehicle started to move forward, Braceo drew his weapon and ordered the occupant, whom he later identified as defendant, out of the car. A search of the vehicle revealed a plastic baggie containing a substance that subsequently tested positive for cocaine, and Kormos identified defendant as Joe Man during a showup conducted at the scene. Such circumstances, in our view, provided the officers in question with a reasonable belief that defendant had agreed to — and was in fact at that location in order to — sell cocaine, thereby establishing probable cause for his arrest (see People v Sudler, 75 AD3d at 902-903; People v Dowling, 75 AD3d at 840).

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People v. Jenkins, 90 A.D.3d 1326, 935 N.Y.2d 204 (N.Y. Ct. App. 2011).

90 A.D.3d 1326 (People v. Jenkins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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