People v. Maylor

Judgment, Supreme Court, New York County (Ira F. Beal, J.), rendered July 18, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of imprisonment of 3 to 9 years, unanimously affirmed.

The arresting officer testified that he observed defendant from a distance of 30 to 40 feet deliver to the codefendant, in plain view in a public concourse, a clear plastic bag containing white powder. This testimony was not so " 'inherently incredible or improbable’ ” as to warrant disturbing the suppression court’s determination of credibility (People v Benitez, 162 AD2d 100 , 101; see also, People v Fonte, 159 AD2d 346 , lv denied 76 NY2d 734 ), and, as a matter of law, sufficed to establish probable cause (People v McRay, 51 NY2d 594 ).