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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 1994
209 A.D.2d 151 (N.Y. App. Div. 1994)

Opinion

November 1, 1994

Appeal from the Supreme Court, New York County, Joan Carey, J., Antonio I. Brandveen, J.


There was probable cause for defendant's arrest since the undercover officer who sent the radio transmission, which included a sufficiently detailed description of defendant and his location, observed the sale and was known, by the arresting officer, to be reliable. (People v. Petralia, 62 N.Y.2d 47, cert denied 469 U.S. 852; People v. Parris, 83 N.Y.2d 342.)

Evidence of uncharged narcotics sales occurring in the immediate time and proximity to the subject sale involving the defendant was properly admitted to help prove, inter alia, defendant's identity. (People v. Carter, 77 N.Y.2d 95.) In addition, limited expert testimony as to behavior patterns of drug dealers was also properly admitted into evidence to help explain the absence of pre-recorded buy money from items seized from the defendant upon arrest. (People v. Roman, 171 A.D.2d 562, 563; People v. Garcia, 196 A.D.2d 433, affd 83 N.Y.2d 817.)

We have considered all other claims and find them to be meritless.

Concur — Murphy, P.J., Rosenberger, Wallach, Ross and Rubin, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 1994
209 A.D.2d 151 (N.Y. App. Div. 1994)
Case details for

People v. Rivera

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS RIVERA, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 1, 1994

Citations

209 A.D.2d 151 (N.Y. App. Div. 1994)
617 N.Y.S.2d 761

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