PEOPLE v. SMITH


60 A.D.3d 456 (2009)

874 N.Y.S.2d 117

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WENDELL SMITH, Appellant.

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

Decided March 10, 2009.


The court properly denied defendant's suppression motion. Late at night, in a desolate, drug-prone alleyway, an experienced narcotics officer saw defendant take an unidentified object from his boot or sock and give it to another person in return for what appeared to be money. This provided probable cause for defendant's arrest (see People v Jones, 90 N.Y.2d 835 [1997]). Even without any police training, "any person observing defendant...

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