People v. McMillan

2017 NY Slip Op 6721, 153 A.D.3d 1207, 60 N.Y.S.3d 680

Opinion

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered April 16, 2014, convicting defendant, upon his plea of guilty, of tampering with physical evidence, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There was probable cause for defendant’s arrest about 30 minutes after an officer saw defendant make what appeared to be a drug sale. The observing officer provided a detailed clothing description of the seller, and also saw defendant on a live surveillance video, at which time he directed other officers to defendant’s location, where defendant was immediately apprehended (see e.g. People v Coleman, 77 AD3d 591 [1st Dept 2010], lv denied 16 NY3d 829 [2011]).

Concur — Tom, J.P., Maz-zarelli, Andrias, Oing and Singh, JJ.