PEOPLE v. RODRIGUEZ

Reset A A Font size: Print

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

The PEOPLE of the State of New York, Respondent, v. Pedro RODRIGUEZ, Defendant-Appellant.

Decided: June 17, 2008

LIPPMAN, P.J., ANDRIAS, SWEENY, RENWICK, JJ. Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles J. Tejada, J. at suppression hearing;  Marcy L. Kahn, J. at jury trial and sentence), rendered March 28, 2006, as amended April 18, 2006, convicting defendant of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 7 to 14 years, unanimously affirmed.

The court properly denied defendant's suppression motion.   We do not read any of the language employed by the court in its decision as indicating it misapprehended its role as fact-finder (cf. People v. Delgado, 80 N.Y.2d 780, 587 N.Y.S.2d 271, 599 N.E.2d 675 [1992] ).   The evidence adduced at the hearing was sufficient to permit the inference that defendant was arrested because he matched a detailed description provided by an undercover officer who had purchased drugs from defendant and another man (see People v. Sanchez, 245 A.D.2d 105, 665 N.Y.S.2d 418 [1997], lv. denied 92 N.Y.2d 860, 677 N.Y.S.2d 91, 699 N.E.2d 451 [1998];  People v. Brown, 238 A.D.2d 204, 656 N.Y.S.2d 262 [1997], lv. denied 90 N.Y.2d 1010, 666 N.Y.S.2d 104, 688 N.E.2d 1388 [1997];  see also People v. Gonzalez, 91 N.Y.2d 909, 910, 669 N.Y.S.2d 526, 692 N.E.2d 557 [1998] ).   We have considered and rejected defendant's remaining arguments.