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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DELISA HARRIS, Defendant-Appellant.

Defendant's motion to suppress was properly denied. This Court has repeatedly rejected defendant's argument that the radio transmissions from the undercover officer, relating that a "positive buy" involving two described individuals had transpired, were insufficient to establish probable cause to arrest defendant because they did not spell out defendant's role in the drug transaction (see e.g. People v. Daniels, 303 A.D.2d 209, 755 N.Y.S.2d 601; People v. Johnson, 278 A.D.2d 68; People v. Muniz, 276 A.D.2d 346, lv denied 96 N.Y.2d 762).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. HARRIS
(May 22, 2003)