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Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered January 30, 2001, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
The court properly denied defendant’s suppression motion. “This Court has repeatedly rejected defendant’s argument that the radio transmissions from the undercover officer, relating that a ‘positive buy’ involving two described individuals had transpired, were insufficient to establish probable cause to arrest defendant because they did not spell out defendant’s role in the drug transaction [citations omitted]” (People v Harris, 305 AD2d 282, 282-283 [2003]). Concur — Saxe, J.P., Rosenberger, Williams, Marlow and Gonzalez, JJ.
Document Info
Citation Numbers: 309 A.D.2d 563, 765 N.Y.S.2d 503, 2003 N.Y. App. Div. LEXIS 10496
Filed Date: 10/9/2003
Precedential Status: Precedential
Modified Date: 11/1/2024