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The People of the State of New York v. Justo Quesado

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 8, 2013

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JUSTO QUESADO,
DEFENDANT-APPELLANT.

People v Quesado

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 8, 2013

Tom, J.P., Andrias, Freedman, Roman, Gische, JJ.

Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), rendered May 14, 2009, 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 drug offender, to a term of 1½ years, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations. The experienced narcotics officer's observation of what appeared to be the exchange of a bag of white powder for money provided probable cause for defendant's arrest (see People v Jones, 90 NY2d 835 [1997]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 8, 2013

CLERK

20130108

© 1992-2013 VersusLaw Inc.



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