People v. Roberts

Appellate Division of the Supreme Court of New York

People v. Roberts

225 A.D.2d 504, 639 N.Y.2d 807, 639 N.Y.S.2d 807, 1996 N.Y. App. Div. LEXIS 3285

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

DecidedMarch 28, 1996

StatusPublished

This text of 225 A.D.2d 504 (People v. Roberts) 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. Roberts, 225 A.D.2d 504, 639 N.Y.2d 807, 639 N.Y.S.2d 807, 1996 N.Y. App. Div. LEXIS 3285 (N.Y. Ct. App. 1996).

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Opinion

The police officer’s testimony that he observed defendant [505]*505engage in three separate hand-to-hand exchanges involving the taking of money and the giving of an unidentified object, and then observed the last buyer, as he walked away from defendant and towards the officer, with a vial of crack between his thumb and index finger, was sufficient to establish probable cause for defendant’s arrest and the hearing court properly denied defendant’s suppression motion (see, People v Prochilo, 41 NY2d 759, 761; People v Garafolo, 44 AD2d 86, 88; People v Vasquez, 166 AD2d 194, lv denied 77 NY2d 845). Concur— Milonas, J. P., Ellerin, Wallach, Nardelli and Mazzarelli, JJ.

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The police officer’s testimony that he observed defendant [505]*505engage in three separate hand-to-hand exchanges involving the taking of money and the giving of an unidentified object, and then observed the last buyer, as he walked away from defendant and towards the officer, with a vial of crack between his thumb and index finger, was sufficient to establish probable cause for defendant’s arrest and the hearing court properly denied defendant’s suppression motion (see, People v Prochilo, 41 NY2d 759, 761; People v Garafolo, 44 AD2d 86, 88; People v Vasquez, 166 AD2d 194, lv denied 77 NY2d 845). Concur— Milonas, J. P., Ellerin, Wallach, Nardelli and Mazzarelli, JJ.

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Bluebook (online)

225 A.D.2d 504, 639 N.Y.2d 807, 639 N.Y.S.2d 807, 1996 N.Y. App. Div. LEXIS 3285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roberts-nyappdiv-1996.

Opinion

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