People v. Rodriguez
Opinion of the Court
—Judgment, Supreme Court, New York County (Howard Bell, J.), rendered February 22, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and, upon his plea of guilty, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, 5 to 10 years, and 3 to 6 years, respectively, unanimously affirmed.
Viewing the evidence in a light most favorable to the People (People v Malizia, 62 NY2d 755, cert denied 469 US 932),
The testimony of the arresting officer at the suppression hearing that the undercover officer gave him a detailed description of defendant after purchasing drugs from him, and that defendant matched the description, established probable cause (see, People v Hernandez, 189 AD2d 634, lv denied 81 NY2d 887). Concur — Murphy, P. J., Ellerin, Kupferman, Ross and Tom, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.