People v Quesado

People v Quesado 2013 NY Slip Op 00045 Decided on January 8, 2013 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 January 8, 2013
Tom, J.P., Andrias, Freedman, Román, Gische, JJ.
8962 2512/08

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

v

Justo Quesado, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (William B.
Carney of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jamie Masten
of counsel), for respondent.

Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), rendered May 14, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of 1½ years, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations. The experienced narcotics officer's observation
of what appeared to be the exchange of a bag of white powder for money provided probable cause for defendant's arrest (see People v Jones, 90 NY2d 835 [1997]).

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

ENTERED: JANUARY 8, 2013

CLERK