— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Matthews, J.), rendered June 2, 1987, convicting her of criminal possession of a controlled substance in the third degree, upon her plea of guilty, and imposing sentence. The appeal brings up for review the denial (Posner, J.), after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
At a Mapp hearing, the testimony established that at approximately 7:35 on the evening of September 20, 1985, Police Officer Markart was assigned to an observation van in what he described as a "drug-prone location” in Queens. Through
On appeal, the defendant contends that the hearing court’s viewing of an exchange of glassine envelope-sized slips of paper at a distance of 40 feet through Officer Markart’s binoculars constituted a prejudicial in-court experiment which deprived her of due process. We disagree.
Demonstrative evidence is admissible, in the court’s discretion, provided that the conditions under which the experiment are conducted are similar to those existing at the time of the incident at issue. A variation in circumstances affects the weight of the evidence, but is not a basis for its exclusion (see, Washington v Long Is. R. R. Co.,
We find no merit to the defendant’s further contention that the police lacked probable cause for her arrest because Officer Markart was unclear as to whether the small packets he had seen changing hands were opaque white envelopes or transparent glassine envelopes filled with white powder. Officer Markart, a trained and experienced narcotics officer, observed a pattern of exchanges of small white packets for cash within a short space of time in a neighborhood known for drug sales. The combination of these elements "negates all but the most implausible explanations for the transaction[s], and thus conveys more than sufficient indicia of a drug sale to warrant an arrest” (People v McRay,
