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People v. Vega

Appellate Division of the Supreme Court of New York, Second Department
Aug 26, 1991
175 A.D.2d 932 (N.Y. App. Div. 1991)

Summary

finding that pagers constitute probative evidence

Summary of this case from State v. Rivera

Opinion

August 26, 1991

Appeal from the Supreme Court, Kings County (Douglass, J.).


Ordered that the judgment is affirmed.

The testimony at the in camera Darden hearing (People v Darden, supra) supports the Supreme Court's determination that the confidential informant existed and had supplied to the police the information contained in the affidavit supporting the application for a warrant to search the apartment where the defendant and his codefendants were arrested (see, People v Darden, supra, at 181-182). We further find that there was sufficient information establishing probable cause for the issuance of the search warrant (see generally, People v Bigelow, 66 N.Y.2d 417, 423-426).

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. When the police entered the apartment, the defendant was seated in a chair in the living room near a coffee grinder containing a cocaine residue and an industrial size box of aluminum foil. Under his chair were $530 in United States currency and a telephone pager. The defendant had rented both this pager and the one carried by the codefendant Melendez, which pagers are a common tool of "narcotics dealers" (People v Melendez, 160 A.D.2d 739, 740; People v Ortiz, 152 A.D.2d 755, 756). Moreover, the defendant's coat was draped over the corner of the door of the bedroom, where immense quantities of drugs, drug paraphernalia and cash were found. His passport was discovered in the bedroom dresser drawer; additional personal papers were also recovered from the apartment. The decisions in People v Pearson ( 75 N.Y.2d 1001), People v Headley ( 74 N.Y.2d 858), People v Royster ( 156 A.D.2d 735), and People v Davis ( 153 A.D.2d 949), are factually distinguishable and do not require a different result. Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (CPL 470.15; cf., People v Vasquez, 160 A.D.2d 751).

The defendant's other contentions are either unpreserved for appellate review, without merit, or do not warrant reversal of the conviction. Kunzeman, J.P., Lawrence, Rosenblatt and Miller, JJ., concur.


Summaries of

People v. Vega

Appellate Division of the Supreme Court of New York, Second Department
Aug 26, 1991
175 A.D.2d 932 (N.Y. App. Div. 1991)

finding that pagers constitute probative evidence

Summary of this case from State v. Rivera
Case details for

People v. Vega

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY VEGA, Appellant

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

Date published: Aug 26, 1991

Citations

175 A.D.2d 932 (N.Y. App. Div. 1991)
573 N.Y.S.2d 767

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