Opinion
8082 Ind. 5120/15
01-10-2019
The PEOPLE of the State of New York, Respondent, v. Kavon VENZEN, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Amith Gupta of counsel), and Arnold & Porter, New York (Daniel F. Gilpin of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katherine Malone of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Amith Gupta of counsel), and Arnold & Porter, New York (Daniel F. Gilpin of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katherine Malone of counsel), for respondent.
Acosta, P.J., Renwick, Manzanet–Daniels, Webber, Kahn, JJ.
Judgment, Supreme Court, New York County (Laura A. Ward, J. at suppression hearing; Robert M. Stolz, J. at plea and sentencing), rendered May 3, 2017, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of two years, unanimously affirmed.The court properly denied defendant's suppression motion. There is no basis for disturbing the hearing court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ). The court properly determined that the police had probable cause to arrest defendant after seeing a rapid exchange of small objects for money that reasonably appeared to be a drug transaction (see e.g. People v. Jones, 90 N.Y.2d 835, 660 N.Y.S.2d 549, 683 N.E.2d 14 [1997] ; People v. James, 83 A.D.3d 504, 921 N.Y.S.2d 63 [1st Dept. 2011], lv denied 17 N.Y.3d 817, 929 N.Y.S.2d 806, 954 N.E.2d 97 [2011] ; People v. Frierson, 61 A.D.3d 448, 877 N.Y.S.2d 257 [1st Dept. 2009], lv denied 12 N.Y.3d 915, 884 N.Y.S.2d 696, 912 N.E.2d 1077 [2009] ). The record also supports the hearing court's alternative finding that, irrespective of probable cause, defendant abandoned a bag containing drugs as the officers approached and identified themselves (see People v. Boodle, 47 N.Y.2d 398, 402–404, 418 N.Y.S.2d 352, 391 N.E.2d 1329 [1979], cert denied 444 U.S. 969, 100 S.Ct. 461, 62 L.Ed.2d 383 [1979] ).