From Casetext: Smarter Legal Research

People v. Vestal

Appellate Division of the Supreme Court of New York, First Department
Mar 14, 2000
270 A.D.2d 92 (N.Y. App. Div. 2000)

Opinion

March 14, 2000

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered December 18, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.

Sandra E. Cavazos for respondent.

Luke Martland for defendant-appellant.

Rosenberger, J.P., Mazzarelli, Ellerin, Lerner, Friedman, JJ.


Defendant's suppression motion was properly denied. Although the undercover officer initially transmitted only a description of defendant, without using the expression "positive buy" or any other indication of drug activity (see, People v. Maldonado, 86 N.Y.2d 631, 636), the backup officers could reasonably infer, given the nature and purpose of a "buy and bust" operation, that a communication from an undercover officer providing a description was intended to convey that a drug transaction involving said person had occurred or was in progress (see, People v. Fulton, 176 A.D.2d 130, lv denied, 79 N.Y.2d 857). There would be no other reason under these circumstances for the undercover officer to transmit a description. When the undercover officer's initial transmission describing defendant is taken together with his subsequent transmissions, which included conversation related to the purchase of cocaine as well as the "positive buy" signal, the inference is inescapable that the undercover officer had implicated defendant as a participant in the drug transaction.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Vestal

Appellate Division of the Supreme Court of New York, First Department
Mar 14, 2000
270 A.D.2d 92 (N.Y. App. Div. 2000)
Case details for

People v. Vestal

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERVIN VESTAL…

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

Date published: Mar 14, 2000

Citations

270 A.D.2d 92 (N.Y. App. Div. 2000)
705 N.Y.S.2d 37

Citing Cases

People v. Walker

(citation omitted). See also, People v. Vestal, 270 A.D.2d 92, 705 N.Y.S.2d 37 (1st Dept.2000) (same).But the…

People v. Shorter

Defendant's suppression motion was properly denied. The "ghost" undercover officer's radio transmission to…