AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Advocates
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY DARBY, Defendant-Appellant.

Defendant's suppression was properly denied. The "ghost" officer radioed to the arresting officer a detailed description of defendant and a continuing account of defendant's movements. The inference is inescapable that the ghost was conveying information based on his own observations, a communication from the purchasing undercover officer, or both, that a drug transaction involving defendant had occurred or was in progress (see, People v. Vestal, 270 A.D.2d 92, lv denied 95 N.Y.2d 805;People v. Fisher, 270 A.D.2d 90, lv denied 95 N.Y.2d 796). Moreover, although the arresting officer was unable to hear the undercover buyer's "positive buy" communication, the circumstantial evidence warrants the conclusion that, prior to making the arrest, the arresting officer obtained that information from other members of the backup team who were in contact with the buyer (see, People v. Gonzalez, 91 N.Y.2d 909; People v. Mims, 88 N.Y.2d 99, 113-114).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

PEOPLE v. DARBY
(Oct 11, 2001)