People v. Ross

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH ROSS, Appellant

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

Date published: Sep 16, 1997

242 A.D.2d 459 (N.Y. App. Div. 1997)

662 N.Y.S.2d 253

Opinion

September 16, 1997

Appeal from Supreme Court, New York County (Budd Goodman, J.).

Defendant's suppression motion was properly denied. There was probable cause to arrest defendant since the undercover officers who observed the sale radioed the seller's physical description, his clothing and location to the backup officer who made the arrest. Contrary to defendant's current argument, the People properly established that defendant matched the radioed description ( see, People v. Rodriguez, 199 A.D.2d 181).

There is no merit to defendant's challenge to his sentence, which was the minimum sentence authorized by law.

Concur — Milonas, J.P., Rosenberger, Wallach, Nardelli and Rubin, JJ.