PEOPLE v. MALDONADO (1997)

Judgment, Supreme Court, New York County (Murray Mogel, J., at suppression hearing;  Bonnie Wittner, J., at jury trial and sentence), rendered June 8, 1994, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 1/212 to 11 years, unanimously affirmed.

 Defendant's suppression motion was properly denied.   The police had probable cause to arrest defendant on the basis of several hand-to-hand exchanges of objects for money (People v. Schlaich, 218 A.D.2d 398, 640 N.Y.S.2d 885, lv. denied 88 N.Y.2d 994, 649 N.Y.S.2d 401, 672 N.E.2d 627), which arrest was further supported by the officer's observation of defendant removing a bag of yellow-topped vials from a hidden “stash” (People v. Jones, 219 A.D.2d 417, 643 N.Y.S.2d 987, lv. denied 85 N.Y.2d 863, 624 N.Y.S.2d 382, 648 N.E.2d 802).   We decline to disturb the hearing court's credibility determinations (see, People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380).

MEMORANDUM DECISION.