People v Reyna

People v Reyna 2007 NY Slip Op 01412 [37 AD3d 312] February 20, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

The People of the State of New York, Respondent,
v
Franklyn Reyna, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Beth S. Lyons of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Michael Gerard of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered March 28, 2005, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the seventh degree, and sentencing him to a conditional discharge, unanimously affirmed.

The court properly denied defendant's suppression motion. The record supports the court's determination that Sergeant Hernandez had probable cause to arrest defendant when he saw him place nine glassine envelopes of heroin on a shelf in a store (see e.g. People v Alvarez, 100 NY2d 549 [2003]). Accordingly, the failure of the prosecution to adduce evidence of the description previously transmitted to Sergeant Hernandez is of no legal moment. Concur—Friedman, J.P., Nardelli, Buckley, Catterson and McGuire, JJ.