PEOPLE v. VALDES (1997)

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

The PEOPLE of the State of New York, Respondent, v. Jose VALDES, Defendant-Appellant.

Decided: November 20, 1997

Before SULLIVAN, J.P., and WILLIAMS, MAZZARELLI, ANDRIAS and COLABELLA, JJ.

William McGuire, for Respondent. Lisa B. Freeland, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered March 22, 1995, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/2 to 7 years, unanimously affirmed.

Defendant's suppression motion was properly denied. The experienced officer's observation of defendant engaging in three exchanges of “shiny objects”, which the officer believed to be vials of crack, for money, in a drug-prone area, provided ample probable cause for defendant's arrest (see, People v. McRay, 51 N.Y.2d 594, 435 N.Y.S.2d 679, 416 N.E.2d 1015; People v. Jones, 219 A.D.2d 417, 643 N.Y.S.2d 987, affd. 90 N.Y.2d 835, 660 N.Y.S.2d 549, 683 N.E.2d 14). We see no reason to disturb the hearing court's credibility determinations, which are supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380).

MEMORANDUM DECISION.

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