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People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1996
228 A.D.2d 269 (N.Y. App. Div. 1996)

Opinion

June 13, 1996

Appeal from the Supreme Court, New York County, Edward McLaughlin, J., Sheila Abdus-Salaam, J.


Defendant's motion to suppress physical evidence was properly denied upon a finding of probable cause based on the testimony of the arresting officer, who had substantial experience patrolling streets for drug crimes. The officer testified that he observed defendant, in a drug-prone area, furtively display red glassine envelopes in his open hand to another individual, and that such packaging is common for crack cocaine in that area ( People v. McRay, 51 N.Y.2d 594). Since the hearing court could accept part of the officer's testimony and reject part ( People v. Reed, 40 N.Y.2d 204, 208), a different result is not required by its having refused to credit the officer's testimony of having observed the actual contents of the envelopes.

Concur — Sullivan, J.P., Ellerin, Kupferman, Williams and Mazzarelli, JJ.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1996
228 A.D.2d 269 (N.Y. App. Div. 1996)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROLAND JONES, Appellant

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

Date published: Jun 13, 1996

Citations

228 A.D.2d 269 (N.Y. App. Div. 1996)
643 N.Y.S.2d 583