| People v Edey |
| 2020 NY Slip Op 02736 [183 AD3d 430] |
| May 7, 2020 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Stephen Edey, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (John L. Palmer ofcounsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Rebecca Hausner of counsel), forrespondent.
Judgment, Supreme Court, New York County (Neil E. Ross, J.), rendered September20, 2017, convicting defendant, upon his plea of guilty, of attempted criminal possessionof a weapon in the second degree and conspiracy in the fourth degree, and sentencinghim, as a second felony offender, to an aggregate term of three years, unanimouslyaffirmed.
Defendant made a valid waiver of his right to appeal (People v Thomas, 34 NY3d 545 [2019]). Even had we found that he had not waived his right to appeal, wewould have found that the court properly denied his suppression motion. There wasprobable cause for defendant's arrest and the search of the vehicle in which he was apassenger. According to an informant who was feigning participation in the crime whileactually communicating with the police, a convoy of three cars had gathered in a parkinglot and were on their way to commit a robbery involving a shipment of narcotics. Basedon the totality of the hearing evidence, the inference was inescapable that the car at issuewas part of the convoy and was not merely traveling behind the other two cars. Theinference was equally strong that defendant was in the car for the purpose ofparticipating in the robbery, and not for some innocent reason. Given the circumstances,it is reasonable to "conclude that only trusted members of the operation would bepermitted to enter [the car]" (People v Bundy, 90 NY2d 918, 920 [1997]). Even ifthere was "an innocent explanation for this highly suspicious sequence of events," therewas still "probable cause for defendant's arrest, because probable cause does not requireproof beyond a reasonable doubt" (People v Ginyard, 16 AD3d 239, 240 [1st Dept 2005],lv denied 5 NY3d 789 [2005]). Concur—Manzanet-Daniels, J.P.,Mazzarelli, Gesmer, Moulton, JJ.