200 A.D.2d 679 606 N.Y.S.2d 760

The People of the State of New York, Respondent, v Warren Billups, Appellant.

[606 NYS2d 760]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hentel, J.), rendered December 13, 1991, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Berkowitz, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

A police officer observed the defendant, alone on a street at night, engaging in a conversation with a person who pulled up in a car. The defendant then picked up something from under a nearby tree and handed it to the driver in exchange for currency. The officer walked over to the tree and observed a plastic bag containing vials of what appeared to be crack-cocaine. Upon discovering the contraband in plain view on a public street, the officer had probable cause to arrest the defendant (see, People v Banker, 187 AD2d 602; People v Guine, 173 AD2d 849; People v Smith, 143 AD2d 109).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions do not warrant reversal. Rosenblatt, J. P., Ritter, Copertino and Joy, JJ., concur.

People v. Billups
200 A.D.2d 679 606 N.Y.S.2d 760

Case Details

Name
People v. Billups
Decision Date
Jan 24, 1994
Citations

200 A.D.2d 679

606 N.Y.S.2d 760

Jurisdiction
New York

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