Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Mohammad Noorzin, Appellant

199 A.D.2d 69605 N.Y.S.2d 37·New York Supreme Court, Appellate Division·1993·NY

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Opinion

The People of the State of New York, Respondent, v Mohammad Noorzin, Appellant. [605 NYS2d 37] [MAJORITY] Judgment, Supreme Court, New York County (Felice Shea, J.), rendered February 21, 1992, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed. The custom official’s suspicion that defendant smuggled contraband was "real and based upon legitimate factors” (People v Luna, 73 NY2d 173, 179), including defendant’s conversation with another suspected smuggler, and his arrival from a country known for growing and exporting heroin (see, supra, at 180). There then was a sufficient legal basis for the custom authority to drill holes into the wooden slats of a crate and discover the hidden heroin. Concur—Sullivan, J. P., Carro, Wallach and Asch, JJ.