People v Tyler

People v Tyler 2012 NY Slip Op 02589 Decided on April 5, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 5, 2012
Mazzarelli, J.P., Saxe, Moskowitz, Manzanet-Daniels, Román, JJ.
7304 4648/09

[*1]The People of the State of New York, Respondent,

v

Dwayne Tyler, Defendant-Appellant.




Richard M. Greenberg, Office of the Appellate Defender, New
York (Kerry S. Jamieson of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Yuval
Simchi-Levi of counsel), for respondent.

Judgment, Supreme Court, New York County (Ruth Pickholz, J. at suppression hearing; Richard D. Carruthers, J. at plea and sentencing), rendered May 20, 2010, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of two years, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations. There was probable cause for defendant's arrest (see generally People v Bigelow, 66 NY2d 417, 423 [1985]). Defendant met a very detailed description of a person who sold drugs to an undercover officer, and defendant appeared at the prearranged time and place of a prospective drug sale that was clearly linked to the completed sale. The brief detention by the police of another suspect was satisfactorily explained.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 5, 2012

CLERK