Opinion
June 22, 1993
Appeal from the Family Court, New York County (Leah Marks, J.).
Contrary to appellant's argument, the police officer's testimony was not rendered incredible by minor inconsistencies as to what he observed. Although the court did not specifically state that it credited the officer's testimony, its determination that "the officer's actions were lawful" necessarily entails such a finding, and must be accorded "much weight" (People v Prochilo, 41 N.Y.2d 759, 761). This experienced officer's unobstructed observation of appellant handing a vial to another person in exchange for currency in the drug-prone area to which the officer was regularly assigned, was sufficient to establish probable cause for appellant's arrest (People v. McRay, 51 N.Y.2d 594; People v. Shaw, 193 A.D.2d 390).
Concur — Sullivan, J.P., Rosenberger, Asch and Rubin, JJ.