From Casetext: Smarter Legal Research

People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Sep 8, 1994
207 A.D.2d 690 (N.Y. App. Div. 1994)

Opinion

September 8, 1994

Appeal from the Supreme Court, Bronx County, Edward M. Davidowitz, J., Joseph Mazur, J.


Arrested in a buy and bust operation, probable cause was demonstrated by the arresting officer's testimony that he arrested defendant because he matched a detailed description of the seller provided in a radio transmission from the undercover officer (see, People v. Parris, 83 N.Y.2d 342, 346). It makes no difference that the officer made the arrest at the direction of his sergeant, who lacked personal knowledge of the transmitted facts but who, like the arresting officer, was part of the operation and heard the transmission. Concerning the sentence, we note that defendant committed the instant crime less than three months after his release from prison while on parole, and do not view it as excessive.

Concur — Rosenberger, J.P., Wallach, Kupferman, Ross and Nardelli, JJ.


Summaries of

People v. Perez

Appellate Division of the Supreme Court of New York, First Department
Sep 8, 1994
207 A.D.2d 690 (N.Y. App. Div. 1994)
Case details for

People v. Perez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE PEREZ, Appellant

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

Date published: Sep 8, 1994

Citations

207 A.D.2d 690 (N.Y. App. Div. 1994)
616 N.Y.S.2d 360

Citing Cases

People v. Williams

, the People have failed to meet their burden to establish probable cause for Defendant's arrest. See People…