PEOPLE v. WILLIAMSON

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

The PEOPLE of the State of New York, Respondent, v. Troy WILLIAMSON, a/k/a James Wilkerson, Defendant-Appellant.

Decided: January 21, 1997

Before MURPHY, P.J., and MILONAS, ROSENBERGER, ELLERIN and WILLIAMS, JJ. Peter Hinckley, for Respondent. Rosali Vazquez, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered April 27, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 1/2 to 5 years, unanimously affirmed.

Defendant's suppression motion was properly denied.   Probable cause was provided by the “ghost” officer's radio transmission to the arresting officer informing him that defendant had just “re-upped” the codefendant, meaning, in context, that defendant had resupplied the codefendant with drugs to sell.   Moreover, the transmission clearly set forth the basis for the “ghost's” conclusion.   The “ghost” stated that a “transaction” between an undercover officer and the codefendant had taken place, which, in context, clearly meant a drug transaction.   The transmission further indicated that, following the transaction, the codefendant yelled that he was “finished”, whereupon defendant appeared, received money from the codefendant, left the area, returned, and gave the codefendant a brown paper bag.   Issues concerning the arresting officer's credibility were properly resolved by the hearing court and we find no reason to disturb its determinations (see, People v. Spencer, 188 A.D.2d 408, 591 N.Y.S.2d 400, lv. denied, 81 N.Y.2d 893, 597 N.Y.S.2d 955, 613 N.E.2d 987).

MEMORANDUM DECISION.