PEOPLE v. SMALL


144 Misc.2d 560 (1989)

The People of the State of New York, Plaintiff, v. Michael Small, Defendant.

Criminal Court of the City of New York, New York County.

June 30, 1989


Attorney(s) appearing for the Case

Daniel W. Scott for defendant. Robert M. Morgenthau, District Attorney (Deborah Katz of counsel), for plaintiff.


BRUCE ALLEN, J.

This case presents a troublesome issue: can there be probable cause to arrest a suspected drug seller when the police officer does not actually see the vials of crack which he believes are being exchanged? Based on the particular facts and circumstances of this case, I find that probable cause exists.

The facts are straightforward and may be stated simply. Officer Michael Brummet, the sole witness at the suppression hearing, was...

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