Appellate Division of the Supreme Court of New York, 2000

People v. Wheeler

People v. Wheeler
Appellate Division of the Supreme Court of New York · Decided September 28, 2000
275 A.D.2d 674; 713 N.Y.S.2d 340; 2000 N.Y. App. Div. LEXIS 10029
People v. Wheeler

Opinion of the Court

—Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered April 19, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. Defendant’s arrest was based on probable cause, since he was arrested on the basis of a detailed description that was highly accurate with respect to his physical characteristics and the type of shirt he was wearing, and since he was arrested within 10 minutes of the drug sale, at the precise location reported, and was the only person present who met the description. We have considered and rejected defendant’s remaining arguments. Concur — Sullivan, P. J., Williams, Ellerin, Wallach and Friedman, JJ.

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