PEOPLE v. FAULKNER (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Ricky FAULKNER, Defendant-Appellant.

Decided: September 23, 1999

RUBIN, J.P., ANDRIAS, SAXE, BUCKLEY and FRIEDMAN, JJ.

Ginger Suzan James, for Respondent. Alan S. Axelrod, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (John Collins, J.), rendered July 2, 1997, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant's suppression motion was properly denied. The undercover officer's radio transmission provided the backup team with probable cause to arrest defendant (see, People v. Ketcham, 93 N.Y.2d 416, 690 N.Y.S.2d 874, 712 N.E.2d 1238). The only reasonable interpretation, in context, of defendant's response to the undercover officer's inquiry about a brand of drugs was that defendant had such drugs in his possession and was offering them for sale.

MEMORANDUM DECISION.

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