People v. Bell
Decision Date | 20 December 2007 |
Docket Number | 2375. |
Citation | 848 N.Y.S.2d 618,46 A.D.3d 385,2007 NY Slip Op 10033 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEMETRIUS BELL, Appellant. |
Court | New York Supreme Court — Appellate Division |
The court properly denied defendant's suppression motion. The police had probable cause to arrest defendant based on information obtained from eyewitnesses and the subsequent investigation (see People v Rodriquez, 254 AD2d 181 [1998], lv denied 92 NY2d 985 [1998]). The arresting officer heard a radio transmission describing a car and its occupants, giving the direction they were heading, and stating that defendant, one of the occupants, was wanted in connection with a homicide. Once the officer observed and recognized defendant in a vehicle which matched the description given in the radio transmission, he was entitled under the fellow officer rule to arrest defendant (see People v Ketcham, 93 NY2d 416 [1999]).
The court properly denied defendant's request for a charge on the defense of temporary and lawful possession since there was no reasonable view of the evidence, viewed in a light most favorable to defendant (People v Steele, 26 NY2d 526, 529 [1970]), to support such a charge. Even under defendant's version of the events, his conduct was "utterly at odds with any claim of innocent possession" (People v Williams, 50 NY2d 1043, 1045 [1980]; see also People v Snyder, 73 NY2d 900, 901-902 [1989]).
We perceive no basis for reducing the sentence.
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