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People v. Batista

197 A.D.2d 456 Court N.Y. App. Div. Decision date 1993-10-21 English

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p. 456
The People of the State of New York, Respondent, v Ubencia Batista, Appellant.
[602 NYS2d 616]

—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered April 10, 1991, convicting defendant, upon her guilty plea, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of AVi to 9 years, unanimously affirmed.

The hearing court properly found the police had probable cause to arrest defendant (see, People v McRay, 51 NY2d 594 , 602). The arresting officer testified that he had heard specified details of defendant’s description broadcast over the radio, and that she matched that description (see, People v Lypka, 36 NY2d 210 , 213-214; People v Petralia, 62 NY2d 47 , 51-52; compare, People v Brodie, 87 AD2d 653 [2d Dept]). This testimony was sufficient to conclude that defendant’s arrest was based on probable cause. Concur—Sullivan, J. P., Carro, Ellerin, Kassal and Rubin, JJ.

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