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People v. Hall

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 2000
276 A.D.2d 393 (N.Y. App. Div. 2000)

Opinion

October 24, 2000.

Sullivan, P.J., Nardelli, Rubin, Saxe, Friedman, JJ.


Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered December 17, 1998, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court 's credibility determinations, which are supported by the record. The radio transmissions from the undercover purchaser and "ghost" officer provided a sufficiently specific description, particularly since defendant was arrested at the specified location shortly after the drug sale and was the only person present matching the description (see, People v Rampersant, 272 A.D.2d 202, 708 N.Y.S.2d 70). Moreover, as the apprehending officer approached, the ghost officer pointed defendant out as the seller (see, People v. McGriff, 232 A.D.2d 326, lv denied, 89 N.Y.2d 926). Accordingly, defendant was arrested upon probable cause. We have considered and rejected defendant's remaining claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Hall

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 2000
276 A.D.2d 393 (N.Y. App. Div. 2000)
Case details for

People v. Hall

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. FRANK HALL, Appellant

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

Date published: Oct 24, 2000

Citations

276 A.D.2d 393 (N.Y. App. Div. 2000)
714 N.Y.S.2d 76