People v. Acevedo
| Decision Date | 26 March 1992 |
| Citation | 181 A.D.2d 596,581 N.Y.S.2d 334 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Miguel ACEVEDO, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before CARRO, J.P., and ROSENBERGER, WALLACH, ASCH and KASSAL, JJ.
Judgment, Supreme Court, New York County (George Roberts, J. at suppression motion; Allen Alpert, J. at hearing; Eve Preminger, J., at trial), rendered September 19, 1989, convicting the defendant, upon a jury verdict, of criminal sale of a controlled substance in the third degree and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of from four and one-half to nine years, unanimously affirmed.
After concluding that the Supreme Court erred in summarily denying the defendant's motion for a Dunaway/ Wade hearing, the appeal from the defendant's judgment of conviction was held in abeyance and the matter was remitted for a hearing. At the conclusion of the hearing, the Supreme Court determined that probable cause existed for the defendant's arrest and denied his motion to suppress identification testimony based upon the purported lack of probable cause. We agree.
The description transmitted to the arresting officer from the undercover officer, of the individual from whom the undercover officer purchased drugs, a tall, male, hispanic, with a camouflage jacket and brown pants, was sufficiently specific and detailed to enable the arresting officer to reasonably conclude that the defendant was the person described (People v. Acevedo, 179 A.D.2d 465, 577 N.Y.S.2d 864; People v. Carmona, 172 A.D.2d 151, 567 N.Y.S.2d 691, lv. denied, 78 N.Y.2d 963, 574 N.Y.S.2d 943, 580 N.E.2d 415). The fact that the defendant was apprehended a few blocks away from the location of the sale is of no moment since there was no one else in the vicinity who matched the description of the seller (People v. Mingo, 121 A.D.2d 307, 504 N.Y.S.2d 402).
With regard to the trial of this matter, the defendant's claim that the arresting officer's testimony impermissibly bolstered the identification testimony of the undercover officer is unpreserved and without merit. The arresting officer never testified that the undercover officer made a drive-by confirmation of the defendant's identity. Instead, he related the circumstances leading to the defendant's arrest (see, People v. Casanova, 160 A.D.2d 394, 554 N.Y.S.2d 21, lv. denied, 76 N.Y.2d 786, 559 N.Y.S.2d 991, 559...
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