PEOPLE v. FABIAN


56 A.D.3d 334 (2008)

868 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL FABIAN, Appellant.

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

November 18, 2008.


The court properly denied defendant's suppression motion. In the late evening, in a drug-prone location, a detective in civilian clothes in an unmarked car observed activity that he recognized as a possible drug transaction, in which defendant made hand-to-hand contact with another person. When the detective and his partner approached, defendant behaved in a nervous manner warranting a reasonable inference that he realized he was in the presence of the police and was trying...

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