People v. Vega
Opinion of the Court
Ordered that the judgment is affirmed.
“Probable cause requires . . . information which would lead a reasonable person who possesses the same expertise as the officer to conclude, under the circumstances, that a crime is being or was committed” (People v McRay, 51 NY2d 594, 602 [1980]; see People v Cooper, 38 AD3d 678, 679 [2007]). “The probable cause determination of the hearing court, which had the advantage of hearing and seeing the witnesses firsthand, is to be accorded great weight on appeal, and will not be disturbed unless clearly unsupported by the record” (People v Francis, 44 AD3d 788, 789 [2007]; see People v Prochilo, 41 NY2d 759, 761 [1977]).
Here, an experienced narcotics detective observed the defendant, in a location known for drug sales, hand a small white packet to an individual in exchange for money, and thereafter, remain on the same street corner, moving back and forth, for the next three or four minutes. We are satisfied that, under the totality of the circumstances, there was sufficient information to lead a reasonable person who possessed the same expertise as the arresting detective to conclude that a crime had been committed and, therefore, that probable cause to arrest existed (see People v Jones, 90 NY2d 835, 837 [1997]; People v Tinnin, 36 AD3d 457, 458 [2007]; People v Hartman, 294 AD2d 446 [2002]; People v Mariner, 147 AD2d 659, 659-660 [1989]; People v Brown, 124 AD2d 592 [1986]).
Incident to the arrest, the detective searched the defendant’s pockets and pants cuffs, and when no evidence or weapons were
Case-law data current through December 31, 2025. Source: CourtListener bulk data.