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PEOPLE v. KELLY

261 A.D.2d 133 (1999)

689 N.Y.S.2d 470

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLINTON KELLY, Appellant.

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

Decided May 4, 1999.

Defendant's suppression motion was properly denied. The arresting officer was entitled to rely on information radioed by the purchasing undercover officer that the seller had entered the subject apartment to access her drug supply before consummating the sale (see, People v Landy, 59 N.Y.2d 369, 375). In light of the fact that the seller had resumed her position in the lobby's vestibule, the arresting officer clearly had probable...

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