Appellate Division of the Supreme Court of New York, 1996

People v. James

People v. James
Appellate Division of the Supreme Court of New York · Decided September 17, 1996
231 A.D.2d 428; 648 N.Y.S.2d 2; 1996 N.Y. App. Div. LEXIS 9308
People v. James

Opinion of the Court

Judgment, Supreme Court, New York County (Renee White, J.), rendered July 7, 1993, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and seventh degrees, and sentencing him, as a second felony offender, to concurrent prison terms of 41h to 9 years and 1 year, respectively, unanimously affirmed.

Contrary to defendant’s contention, the surveilling officer’s testimony that, through high-powered binoculars from a distance of 125 to 130 feet and under adequate lighting, he saw a vial of crack cocaine in the hand of a person who had just handed defendant some money, is not inherently incredible or manifestly untrue, and accordingly defendant’s motion to suppress was properly denied (see, People v Sioba, 187 AD2d 317, *429lv denied 81 NY2d 893; People v Benitez, 162 AD2d 100). Concur—Rosenberger, J. P., Ellerin, Wallach, Tom and Andrias, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.