← Cases

People v. McMillan

153 A.D.3d 1207 Court N.Y. App. Div. Decision date 2017-09-28 English

Judges Concur — Tom, J.P., Maz-zarelli, Andrias, Oing and Singh, JJ.

Contents

Majority

p. 1207
The People of the State of New York, Respondent, v Keith McMillan, Appellant.
[60 NYS3d 680]

Judgment, Su

p. 1208
preme Court, New York County (Edward J. McLaughlin, J.), rendered April 16, 2014, convicting defendant, upon his plea of guilty, of tampering with physical evidence, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There was probable cause for defendant’s arrest about 30 minutes after an officer saw defendant make what appeared to be a drug sale. The observing officer provided a detailed clothing description of the seller, and also saw defendant on a live surveillance video, at which time he directed other officers to defendant’s location, where defendant was immediately apprehended (see e.g. People v Coleman, 77 AD3d 591 [1st Dept 2010], lv denied 16 NY3d 829 [2011]).

Concur — Tom, J.P., Maz-zarelli, Andrias, Oing and Singh, JJ.