People v. Norris

Appellate Division of the Supreme Court of New York

People v. Norris

273 A.D.2d 482, 711 N.Y.S.2d 740, 2000 N.Y. App. Div. LEXIS 7353

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

DecidedJune 26, 2000

StatusPublished

This text of 273 A.D.2d 482 (People v. Norris) 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. Norris, 273 A.D.2d 482, 711 N.Y.S.2d 740, 2000 N.Y. App. Div. LEXIS 7353 (N.Y. Ct. App. 2000).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered December 4, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Silverman, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the arresting officer’s unrefuted testimony sufficiently established the contents of the undercover officer’s radio transmission (see, People v Dodt, 61 NY2d 408, 415-416; People v Brown, 238 AD2d 204; People v Rose, 202 AD2d 189), and we are satisfied that he possessed probable cause to arrest the defendant (see, People v Rodriguez, 208 AD2d 570; People v Rose, supra). Accordingly, the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence.

The defendant’s remaining contention is unpreserved for appellate review, and, in any event, without merit. Ritter, J. P., Santucci, Altman and Schmidt, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered December 4, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Silverman, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the arresting officer’s unrefuted testimony sufficiently established the contents of the undercover officer’s radio transmission (see, People v Dodt, 61 NY2d 408, 415-416; People v Brown, 238 AD2d 204; People v Rose, 202 AD2d 189), and we are satisfied that he possessed probable cause to arrest the defendant (see, People v Rodriguez, 208 AD2d 570; People v Rose, supra). Accordingly, the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence.

The defendant’s remaining contention is unpreserved for appellate review, and, in any event, without merit. Ritter, J. P., Santucci, Altman and Schmidt, JJ., concur.

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Bluebook (online)

273 A.D.2d 482, 711 N.Y.S.2d 740, 2000 N.Y. App. Div. LEXIS 7353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-norris-nyappdiv-2000.

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