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People v. Selby

82 A.D.3d 433 Court N.Y. App. Div. Decision date 2011-03-03 English

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p. 433
The People of the State of New York, Respondent, v David Selby, Appellant.
[917 NYS2d 861]

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determi

p. 434
nations, which are supported by the record (see People v Prochilo, 41 NY2d 759 , 761 [1977]). In an area known for drug activity, a trained and experienced narcotics officer saw defendant converse briefly with a man known to the officer to be a local seller of heroin and cocaine. Defendant received an unidentified object from the known drug dealer in exchange for money. These circumstances provided probable cause for defendant’s arrest (see People v Jones, 90 NY2d 835 , 837 [1997]; People v Frierson, 61 AD3d 448 [2009], lv denied 12 NY3d 915 [2009]).

We perceive no basis for reducing the sentence. Concur— Mazzarelli, J.E, Acosta, DeGrasse, Richter and ManzanetDaniels, JJ.

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