After the New York County Supreme Court denied his motion to suppress the introduction of certain evidence at his trial, Wendell Smith was convicted of criminal possession of a controlled substance.
When he appealed to the Appellate Division, First Department, that court was of the view the arresting officer had probable cause to detain Smith after the latter was observed in a dark, empty alley area -- well-known for its drug trafficking -- removing an item from his boot and exchanging it for money.
The AD1 also disregarded Smith's claim the exchange "could have been for the sale of a lawful item," since his behavior was inconsistent with the techniques used by "legitimate street vendors."
To download a copy of the Appellate Division's decision, please use this link: People v. Smith