PEOPLE v. PHILLIBERT

8266, 2661/07.

99 A.D.3d 531 (2012)

952 N.Y.S.2d 45

2012 NY Slip Op 6846

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KHANI PHILLIBERT, Appellant.

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

October 11, 2012.


The court properly denied defendant's suppression motion. The hearing record does not support defendant's assertion that the arresting officer had no actual recollection of the description conveyed to him by the ghost officer. The totality of the arresting officer's testimony made clear that while he had no independent recollection of the description, his recollection had been refreshed by reading the buy report prepared by the primary undercover officer, so that he...

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