Opinion
3153.
Decided March 18, 2004.
Judgment, Supreme Court, New York County (Lewis Stone, J. at hearing; James Yates, J. at jury trial and sentence), rendered June 13, 2002, convicting defendant of criminal sale 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.
Benjamin Cheeks, for Respondent.
Sheilah Fernandez, for Defendant-Appellant.
Before: Nardelli, J.P., Mazzarelli, Friedman, Gonzalez, JJ.
The court properly denied defendant's suppression motion. The police had, at the very least, reasonable suspicion to detain defendant for a confirmatory identification by an undercover officer, since defendant fit the description of a person who had sold drugs to the undercover officer moments before and was discovered in the very spot described by that officer. The description, which featured a particular article of clothing, was sufficiently specific, given the close spatial and temporal factors and the fact that defendant was the only person present who met the description ( see e.g. People v. Rampersant, 272 A.D.2d 202, lv denied 95 N.Y.2d 870).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.