People v. Rosa

A hearing court’s findings of fact are entitled to great weight, and this court will not, without good reason, find a police officer’s testimony incredible (People v Jones, 168 AD2d 370, lv denied 77 NY2d 907). Defendant was arrested by a police officer who, with the use of a high powered telescope and from a position sixteen stories above street level, observed defendant engage in what appeared to be a drug transaction, and then immediately radioed a description of the purchaser to his backup team. That the officer came down to the street to personally make the arrest, rather than monitor…