PEOPLE v. JAMES (2006)

Judgment, Supreme Court, New York County (Joan C. Sudolnik, J.), rendered September 7, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender to an aggregate term of 4 1/212 to 9 years, unanimously affirmed.

The court properly denied defendant's suppression motion.   The radioed description was sufficiently specific to provide the arresting officer with reasonable suspicion for defendant's initial detention pending confirmatory viewing by the undercover officer, given the spatial and temporal factors and the fact that defendant was the only person present matching the description (see People v. Haulsey, 298 A.D.2d 129, 747 N.Y.S.2d 758 [2002], lv. denied 99 N.Y.2d 582, 755 N.Y.S.2d 718, 785 N.E.2d 740 [2003];  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] ).