Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. John L. Glover, Also Known as Stacy L. Harris, Appellant
168 A.D.2d 340·New York Supreme Court, Appellate Division·1990·NY
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Opinion
The People of the State of New York, Respondent, v John L. Glover, Also Known as Stacy L. Harris, Appellant.
[MAJORITY]
Judgment, Supreme Court, New York County (Murray Mo-gel, J., at suppression hearing, plea and sentence), rendered August 24, 1989, convicting defendant of attempted criminal possession of a controlled substance in the fifth degree and sentencing him to a prison term of from VA to 3 years, unanimously affirmed.
The suppression court found that there was probable cause to arrest defendant based upon the arresting officer’s observation of a drug transaction. Upon our review of the record, we accept the factual findings of the hearing court since, contrary to defendant’s argument, the officer’s testimony was not incredible as a matter of law (People v Vasquez, 166 AD2d 194). Concur—Ross, J. P., Carro, Asch, Wallach and Smith, JJ.