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PEOPLE v. ESPADA

186 A.D.2d 411 (1992)

The People of the State of New York, Respondent, v. Jesus Espada, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 13, 1992

Defendant's contention that his motion to suppress should have been granted is without merit. The suppression hearing testimony of the arresting officer revealed that the officer saw the defendant remove some crack vials from a brown paper bag. The officer, who was standing inside a store two or three feet from where the defendant was standing, was not seen by the defendant.

Following defendant's arrest, a total of 150 vials...

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