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People v. Maylor

Appellate Division of the Supreme Court of New York, First Department
Jun 18, 1992
184 A.D.2d 371 (N.Y. App. Div. 1992)

Opinion

June 18, 1992

Appeal from the Supreme Court, New York County (Ira F. Beal, J.).


The arresting officer testified that he observed defendant from a distance of 30 to 40 feet deliver to the codefendant, in plain view in a public concourse, a clear plastic bag containing white powder. This testimony was not so "`inherently incredible or improbable'" as to warrant disturbing the suppression court's determination of credibility (People v. Benitez, 162 A.D.2d 100, 101; see also, People v. Fonte, 159 A.D.2d 346, lv denied 76 N.Y.2d 734), and, as a matter of law, sufficed to establish probable cause (People v. McRay, 51 N.Y.2d 594).

We have considered defendant's argument that the sentence is unduly harsh, including the fact that he had no prior criminal history of any kind, and find no abuse of sentencing discretion.

Concur — Sullivan, J.P., Carro, Wallach, Kassal and Rubin, JJ.


Summaries of

People v. Maylor

Appellate Division of the Supreme Court of New York, First Department
Jun 18, 1992
184 A.D.2d 371 (N.Y. App. Div. 1992)
Case details for

People v. Maylor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLADSTONE MAYLOR…

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

Date published: Jun 18, 1992

Citations

184 A.D.2d 371 (N.Y. App. Div. 1992)

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