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People v. Ortiz
Citation: 2022 NY Slip Op 05617Docket: Ind No. 2120/15 Appeal No. 16369 Case No. 2017-393
Court: Appellate Division of the Supreme Court of the State of New York; October 6, 2022; New York; State Appellate Court
Original Court Document: View Document
In *People v. Ortiz* (2022 NY Slip Op 05617), the New York Appellate Division affirmed the judgment of the Supreme Court, New York County, which had convicted Martin Ortiz of criminal possession of a controlled substance in the third degree, sentencing him to five years' probation. The court upheld the decision to deny Ortiz's suppression motion, finding no grounds to challenge the credibility determinations made during the hearing. The evidence supported the conclusion that probable cause existed for Ortiz's arrest. An experienced narcotics officer observed what appeared to be two drug transactions involving Ortiz and communicated this to another officer. Upon arrival, the second officer saw Ortiz, who matched the description provided, discard a plastic bag. After initially releasing Ortiz following a weapons frisk, the officer arrested him upon discovering that the bag contained narcotics. The court determined that the police actions were justified and supported by the record.