PEOPLE v. TERRY (2005)

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

The PEOPLE of the State of New York, Respondent, v. William TERRY, Defendant-Appellant.

Decided: February 08, 2005

MAZZARELLI, J.P., SAXE, ELLERIN, WILLIAMS, SWEENY, JJ.

Laura R. Johnson, The Legal Aid Society, New York (Sheilah Fernandez of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Richard Sullivan of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura Drager, J. at hearing; Daniel P. FitzGerald, J. at plea and sentence), rendered May 30, 2002, convicting defendant 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.

The court properly denied defendant's suppression motion. The radioed description of the drug seller, which featured a detailed clothing description, was sufficiently specific, given the very close spatial and temporal factors, to provide probable cause for the arrest (see e.g. People v. Rampersant, 272 A.D.2d 202, 708 N.Y.S.2d 70 [2000], lv. denied 95 N.Y.2d 870, 715 N.Y.S.2d 225, 738 N.E.2d 373 [2000]; People v. Ward, 182 A.D.2d 573, 582 N.Y.S.2d 432 [1992], lv. denied 81 N.Y.2d 849, 595 N.Y.S.2d 748, 611 N.E.2d 787 [1993]; People v. Moczo, 174 A.D.2d 365, 570 N.Y.S.2d 572 [1991], lv. denied 78 N.Y.2d 1013, 575 N.Y.S.2d 821, 581 N.E.2d 1067 [1991] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network