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People v. Terry

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 2005
15 A.D.3d 222 (N.Y. App. Div. 2005)

Opinion

5304

February 8, 2005.

Judgment, Supreme Court, New York County (Laura Drager, J., at hearing; Daniel P. FitzGerald, J., at plea and sentence), rendered May 30, 2002, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Before: Mazzarelli, J.P., Saxe, Ellerin, Williams and Sweeny, JJ., concur.


The court properly denied defendant's suppression motion. The radioed description of the drug seller, which featured a detailed clothing description, was sufficiently specific, given the very close spatial and temporal factors, to provide probable cause for the arrest ( see e.g. People v. Rampersant, 272 AD2d 202, lv denied 95 NY2d 870; People v. Ward, 182 AD2d 573, lv denied 81 NY2d 849; People v. Moczo, 174 AD2d 365, lv denied 78 NY2d 1013).


Summaries of

People v. Terry

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 2005
15 A.D.3d 222 (N.Y. App. Div. 2005)
Case details for

People v. Terry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM TERRY…

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

Date published: Feb 8, 2005

Citations

15 A.D.3d 222 (N.Y. App. Div. 2005)
791 N.Y.S.2d 519