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The People of the State of New York, Respondent, v. Ricky Faulkner, Appellant

New York Supreme Court, Appellate Division1999-09-23
264 A.D.2d 641694 N.Y.S.2d 666

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Opinion

majority opinion

Judgment, Supreme Court, Bronx County (John Collins, J.), rendered July 2, 1997, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The undercover officer’s radio transmission provided the backup team with probable cause to arrest defendant (see, People v Ketcham, 93 NY2d 416). The only reasonable interpretation, in context, of defendant’s response to the undercover officer’s inquiry about a brand of drugs was that defendant had such drugs in his possession and was offering them for sale. Concur — Rubin, J. P., Andrias, Saxe, Buckley and Friedman, JJ.