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PEOPLE v. SCOTT-HERON
Appellate Division of the Supreme Court of New York, First Department.
Oct 21, 2004
The court properly denied defendant's suppression motion. The experienced narcotics detective had probable cause to arrest defendant when, in a drug-prone location, he observed defendant receive what appeared to be a tinfoil packet ( see People v. Jones, 90 NY2d 835; People v. McRay, 51 NY2d 594). In any event, these observations at least entitled the detective to make a common-law inquiry, and defendant's patently false responses to the detective's initial questions clearly raised the level of suspicion to probable cause.
We perceive no basis for reducing the sentence.
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