People v. Acosta
Court: Appellate Division of the Supreme Court of the State of New York; July 17, 1997; New York; State Appellate Court
Judgment from the Supreme Court of Bronx County, rendered on July 7, 1995, affirmed the conviction of the defendant for criminal possession of a controlled substance in the fourth and seventh degrees. The defendant, a second felony offender, received concurrent sentences of 5 to 10 years and one year, respectively. The conviction stemmed from observations made by Sergeant Jose Rosado and Officer Ernest Lentini while patrolling a drug-prone area. They noticed the defendant with an object he quickly concealed after noticing the officers, which turned out to be a cellular phone. The officers then witnessed the defendant hand a “brick” of heroin to another man, based on their experience in drug-related arrests. After following the defendant to 456 East 138th Street, the officers observed him stuffing additional “bricks” and cash into a mailbox through a clear window. Sergeant Rosado subsequently kicked down the door, leading to the discovery of 179 glassines of heroin and over $4,000. The court upheld the denial of the defendant's motion to suppress this evidence, affirming that the officers had reasonable suspicion and, subsequently, probable cause for their actions. The hearing court found credibility issues in favor of the prosecution regarding the ownership of the drugs and the condition of the door at the location. The court also addressed the defendant's claim of an unfair suppression hearing due to intense questioning by the judge, concluding that the court's inquiries were appropriate for clarifying facts and credibility without prejudice to the defendant, especially given the absence of a jury.