People v. Soto

28 A.D.3d 264, 812 N.Y.S.2d 513

Opinion

Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J), rendered March 23, 2004, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4Va to 9 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. From an observation post at a carefully targeted, highly drug-prone location, a narcotics officer observed a pattern of furtive conduct which led the officer to conclude, based on his experience and training, that defendant and another man had just engaged in a drug transaction (see People v Jones, 90 NY2d 835 [1997]; People v Schlaich, 218 AD2d 398 [1996], lv denied 88 NY2d 994 [1996]; see also People v Valentine, 17 NY2d 128, 132 [1966]). The observing officer then radioed to the arresting officer that he had seen a drug transaction (see People v Washington, 87 NY2d 945 [1996]) and provided defendant’s location and a detailed, specific description. In addition, the arresting officer saw defendant holding his hand in his pocket in a manner that suggested he was trying to conceal a weapon or other contraband. Accordingly, the record supports the hearing court’s determination that the arresting officer had probable cause to arrest defendant. In any event, the arresting officer, at a minimum, had reasonable suspicion to stop and conduct a protective frisk, which ripened immediately into probable cause (cf People v Diaz, 81 NY2d 106 [1993]). Concur—Andrias, J.P., Saxe, Sullivan, Williams and McGuire, JJ.