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

Appellate Division of the Supreme Court of the State of New York·Decided March 28, 1996·Published

Opinion

The police officer’s testimony that he observed defendant [505] engage 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] engage 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.

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).

Pincite

225 A.D.2d 504 (People v. Roberts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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