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People v. Whitehead

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1997
235 A.D.2d 253 (N.Y. App. Div. 1997)

Opinion

January 14, 1997.

Judgment, Supreme Court, New York County (Murray Mogel, J., at suppression hearing; Richard Carruthers, J., at plea and sentence), rendered March 20, 1995, convicting defendant, upon his guilty plea, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Before: Sullivan, J. P., Milonas, Rosenberger and Rubin, JJ.


Defendant's suppression motion was properly denied. The experienced arresting officer's observation of defendant engage in an exchange of a glassine envelope for money, in a drugprone area, provided probable cause for defendant's arrest ( People v McRay, 51 NY2d 594). The police testimony was not contrary to human experience ( see, People v King, 203 AD2d 199), and we see no reason to disturb the hearing court's credibility determinations. There is no support in the record for defendant's claim that the hearing court showed bias against defendant during the conduct of the hearing ( see, People v Rosa, 212 AD2d 376, lv denied 85 NY2d 979).


Summaries of

People v. Whitehead

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1997
235 A.D.2d 253 (N.Y. App. Div. 1997)
Case details for

People v. Whitehead

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN WHITEHEAD…

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

Date published: Jan 14, 1997

Citations

235 A.D.2d 253 (N.Y. App. Div. 1997)
652 N.Y.S.2d 278

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