People v. Reyes

309 A.D.2d 563, 765 N.Y.S.2d 503, 2003 N.Y. App. Div. LEXIS 10496

Opinion

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered January 30, 2001, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. “This Court has repeatedly rejected defendant’s argument that the radio transmissions from the undercover officer, relating that a ‘positive buy’ involving two described individuals had transpired, were insufficient to establish probable cause to arrest defendant because they did not spell out defendant’s role in the drug transaction [citations omitted]” (People v Harris, 305 AD2d 282, 282-283 [2003]). Concur — Saxe, J.P., Rosenberger, Williams, Marlow and Gonzalez, JJ.