PEOPLE v. SOTO (2006)

Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered March 23, 2004, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

The court properly denied defendant's suppression motion.   From an observation post at a carefully targeted, highly drug-prone location, a narcotics officer observed a pattern of furtive conduct which led the officer to conclude, based on his experience and training, that defendant and another man had just engaged in a drug transaction (see People v. Jones, 90 N.Y.2d 835, 660 N.Y.S.2d 549, 683 N.E.2d 14 [1997];  People v. Schlaich, 218 A.D.2d 398, 640 N.Y.S.2d 885 [1996], lv. denied 88 N.Y.2d 994, 649 N.Y.S.2d 401, 672 N.E.2d 627 [1996];  see also People v. Valentine, 17 N.Y.2d 128, 132, 269 N.Y.S.2d 111, 216 N.E.2d 321 [1966] ).   The observing officer then radioed to the arresting officer that he had seen a drug transaction (see People v. Washington, 87 N.Y.2d 945, 641 N.Y.S.2d 223, 663 N.E.2d 1253 [1996] ) and provided defendant's location and a detailed, specific description.   In addition, the arresting officer saw defendant holding his hand in his pocket in a manner that suggested he was trying to conceal a weapon or other contraband.   Accordingly, the record supports the hearing court's determination that the arresting officer had probable cause to arrest defendant.   In any event, the arresting officer, at a minimum, had reasonable suspicion to stop and conduct a protective frisk, which ripened immediately into probable cause (cf. People v. Diaz, 81 N.Y.2d 106, 595 N.Y.S.2d 940, 612 N.E.2d 298 [1993] ).