| People v Poole |
| 2007 NY Slip Op 09514 [45 AD3d 501] |
| November 29, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v GaryPoole, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Christopher P. Marinelli of counsel),for respondent.
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered January20, 2006, convicting defendant, after a jury trial, of criminal possession of a controlled substancein the third degree, and sentencing him, as a second felony drug offender whose prior felonyconviction was a violent felony, to a term of six years, unanimously affirmed.
The court properly denied defendant's suppression motion. Probable cause was established,circumstantially (see People v Gonzalez, 91 NY2d 909, 910 [1998]; People vMims, 88 NY2d 99, 113-114 [1996]), by testimony that an undercover officer broadcast aspecific description and location of two men who had just sold him drugs, and that, immediatelythereafter, the testifying officer saw defendant, who matched one of the descriptions, at thespecified location in the custody of nontestifying members of the same police field team. "[T]heonly rational explanation of how defendant came to be arrested" (People v Johnson, 281AD2d 183 [2001], lv denied 96 NY2d 903 [2001]) is that members of the field teamheard the radio communication and apprehended defendant on that basis.
Defendant's other argument is unpreserved and we decline to review it in the interest ofjustice. Were we to review this claim, we would find no basis for reversal. Concur—Tom,J.P., Saxe, Friedman, Williams and Buckley, JJ.