| People v Ramirez |
| 2012 NY Slip Op 04403 [96 AD3d 474] |
| June 7, 2012 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JessieRamirez, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Lindsey Ramistella of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Denis J. Boyle, J., at suppression hearing; AnalisaTorres, J., at jury trial and sentencing), rendered September 21, 2009, convicting defendant ofcriminal sale of a controlled substance in the third degree, and sentencing him to a term of fiveyears' probation, unanimously affirmed.
The court properly denied defendant's suppression motion. The arresting officer's testimonythat he received a radio transmission from a ghost officer about a drug sale, along with thearresting officer's knowledge of the ghost's role in the planned undercover operation, permittedan inference that the transmission was based on the ghost officer's presumptively reliableobservations (see People v Ketcham, 93 NY2d 416, 420-421 [1999]). This reportprovided probable cause to arrest defendant once the officer saw him in the vicinity of the drugtransaction about five minutes after receiving the radio report and observed that he matched thesufficiently detailed description provided in that report (see e.g. People v Ramos, 287AD2d 305 [2001], lv denied 97 NY2d 658 [2001]).
We have considered and rejected defendant's remaining claims. Concur—Tom, J.P.,Andrias, Moskowitz, Acosta and Abdus-Salaam, JJ.