People v. Brown

Defendant appeals from his conviction for unlawful possession of a narcotic drug (Public Health Law, § 3305) after a plea of guilty. He contends that his motion to suppress under section 813-c of the Code of Criminal Procedure was improperly denied after a hearing.

Defendant’s sole contention is that there was no probable cause to make the arrest and, therefore, the search following the arrest was illegal (Code Crim. Pro., § 177; e.g., People v. Loria, 10 N Y 2d 368, 373).

The only witness at the suppression hearing was Detective Odesto, the arresting officer. He testified that at 11:45 p.m.,…