People v Scott-Heron
2004 NYSlipOp 07596
Decided on October 21, 2004
Appellate Division, First Department
This opinion is subject to revision before publication in the Official Reports.
Decided on October 21, 2004
Tom, J.P., Sullivan, Williams, Lerner, Sweeny, JJ.
4378

The People of the State of New York, Respondent, v Gil Scott-Heron, Defendant-Appellant.

Ind. 8032/00Richard M. Greenberg, Office of the Appellate
Defender, New York (Eunice C. Lee of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Lauren B.
Cardonsky of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered October 29, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance, and sentencing him to a term of 1 to 3 years, unanimously affirmed.

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 [1997]; People v McCray, 51 NY2d 594 [1980]). 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.

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

ENTERED: OCTOBER 21, 2004 CLERK

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