Opinion
8265.
April 11, 2006.
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 4½ to 9 years, unanimously affirmed.
Robin C. Smith, Brooklyn, for appellant.
Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.
Before: Andrias, J.P., Saxe, Sullivan, Williams and McGuire, JJ. Concur.
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; People v. Schlaich, 218 AD2d 398, lv denied 88 NY2d 994; see also People v. Valentine, 17 NY2d 128, 132). The observing officer then radioed to the arresting officer that he had seen a drug transaction ( see People v. Washington, 87 NY2d 945) 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).