From Casetext: Smarter Legal Research

People v. Tucker

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 418 (N.Y. App. Div. 1995)

Opinion

July 6, 1995

Appeal from the Supreme Court, New York County, Jeffrey Atlas, J., Daniel FitzGerald, J.


Probable cause existed for defendant's arrest since the undercover officer who sent the radio transmission, which included a detailed description of defendant and his location, had observed the sale and was known, by the arresting officer, to be reliable in such circumstances ( People v. Rivera, 209 A.D.2d 151, lv denied 84 N.Y.2d 1037). Accordingly, defendant's motion to suppress identification evidence was properly denied.

Defendant is not entitled to a reversal of his conviction based on his absence from a preliminary conference at which his prior criminal record was discussed, since argument and the court's ruling on his Sandoval motion did not occur until all parties were present in open court. He was not, therefore, prevented from having input into the decision-making process ( People v Valentine, 212 A.D.2d 399; People v. Allen-Collins, 207 A.D.2d 725, lv denied 84 N.Y.2d 1008).

Viewing the evidence in a light most favorable to the People ( People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish beyond a reasonable doubt that defendant acted as a steerer in the sale of heroin to the undercover officer ( see, People v. Herring, 83 N.Y.2d 780; People v. Torres, 211 A.D.2d 406), and the verdict was not against the weight of the evidence.

We have considered the other contentions raised by appellate counsel and by defendant in his pro se supplemental brief and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Tom, JJ.


Summaries of

People v. Tucker

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 418 (N.Y. App. Div. 1995)
Case details for

People v. Tucker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER TUCKER…

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

Date published: Jul 6, 1995

Citations

217 A.D.2d 418 (N.Y. App. Div. 1995)
629 N.Y.S.2d 412

Citing Cases

People v. Jones

In any event, since the Sandoval motion was argued and decided in defendant's presence, he was not "prevented…

People v. Diaz

Thus, defendant failed to meet his burden under Civil Rights Law § 50-a (2) of demonstrating that the records…