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People v. Beasley

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1990
159 A.D.2d 712 (N.Y. App. Div. 1990)

Opinion

March 26, 1990

Appeal from the Supreme Court, Queens County (Clabby, J.).


Ordered that the judgment is affirmed.

The evidence adduced at the suppression hearing supported the determination by the police that the defendant was the supplier or deliveryperson of the cocaine who was being awaited by both the known cocaine vendor and the undercover officer, as well as a narcotics backup team, in order that they could consummate the prearranged sale of one-eighth kilogram of cocaine for $6,500. Consequently, there was probable cause to arrest the defendant. Further, the subsequent search of the vehicle in which the defendant arrived on the scene was supported by probable cause to believe that the vehicle contained contraband (see, People v Orlando, 56 N.Y.2d 441; People v Wheeler, 140 A.D.2d 731; People v Bacalocostantis, 121 A.D.2d 812). Hence, the hearing court properly denied the defendant's motion to suppress certain evidence as the product of an illegal arrest and search.

Finally, we find no merit to the defendant's claim that his right to a fair trial was compromised by the trial court's evidentiary ruling regarding the admissibility of expert police testimony or the court's supplemental instruction to the jury on the definition of possession. Bracken, J.P., Lawrence, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Beasley

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1990
159 A.D.2d 712 (N.Y. App. Div. 1990)
Case details for

People v. Beasley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARYL BEASLEY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 26, 1990

Citations

159 A.D.2d 712 (N.Y. App. Div. 1990)
553 N.Y.S.2d 198

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