People v. Mott

Appellate Division of the Supreme Court of New York

People v. Mott

190 A.D.2d 615, 593 N.Y.S.2d 818, 1993 N.Y. App. Div. LEXIS 1652

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

DecidedFebruary 23, 1993

StatusPublished

This text of 190 A.D.2d 615 (People v. Mott) 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. Mott, 190 A.D.2d 615, 593 N.Y.S.2d 818, 1993 N.Y. App. Div. LEXIS 1652 (N.Y. Ct. App. 1993).

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Opinion

— Judgment, Supreme Court, New York County (Renee White, J.), rendered March 28, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, and sentencing him as a second felony offender, to concurrent terms of AVi to 9 years, unanimously affirmed.

There is no merit to defendant’s argument that any abandonment of the paper bag containing the narcotics was the result of illegal police activity. As found by the hearing court, the police had probable cause to arrest defendant based upon the radio transmission of an undercover officer who was part of the narcotics team that was sufficiently detailed to allow the arresting officers to reasonably conclude that defendant was the person described (see People v Carmona, 172 AD2d 151, lv denied 78 NY2d 963; see generally, People v Petralia, 62 NY2d 47). We have examined the record and find that the verdict was not against the weight of the evidence. Concur— Milonas, J. P., Ellerin, Kassal and Rubin, JJ.

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— Judgment, Supreme Court, New York County (Renee White, J.), rendered March 28, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, and sentencing him as a second felony offender, to concurrent terms of AVi to 9 years, unanimously affirmed.

There is no merit to defendant’s argument that any abandonment of the paper bag containing the narcotics was the result of illegal police activity. As found by the hearing court, the police had probable cause to arrest defendant based upon the radio transmission of an undercover officer who was part of the narcotics team that was sufficiently detailed to allow the arresting officers to reasonably conclude that defendant was the person described (see People v Carmona, 172 AD2d 151, lv denied 78 NY2d 963; see generally, People v Petralia, 62 NY2d 47). We have examined the record and find that the verdict was not against the weight of the evidence. Concur— Milonas, J. P., Ellerin, Kassal and Rubin, JJ.

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Bluebook (online)

190 A.D.2d 615, 593 N.Y.S.2d 818, 1993 N.Y. App. Div. LEXIS 1652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mott-nyappdiv-1993.

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