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The People of the State of New York, Respondent v. Wilbert Wilson

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


March 26, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
WILBERT WILSON, DEFENDANT-APPELLANT.

People v Wilson

Decided on March 26, 2013

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.

Friedman, J.P., Moskowitz, DeGrasse, Richter, Gische, JJ.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered May 18, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of six years, unanimously affirmed.

The court properly denied defendant's suppression motion. In a known drug location, the police saw defendant, for no apparent reason, quickly entering and leaving a car containing other men. Defendant then placed a clear plastic bag containing a white object in his pocket, and an officer reasonably believed this object to be cocaine on the basis of his training and experience. This provided, at least, reasonable suspicion for defendant's detention (see People v Valentine, 17 NY2d 128, 132 [1966]; People v DiMatteo, 62 AD3d 418 [1st Dept 2009]; People v Alexander, 218 AD2d 284 [1st Dept 1996], lv denied 88 NY2d 944 [1996]), even though the police did not see a transfer of money.

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

ENTERED: MARCH 26, 2013

CLERK

20130326

© 1992-2013 VersusLaw Inc.



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