PEOPLE v. MOJICA

Defendant's motion to suppress was properly denied. Probable cause was established by radioed descriptions of defendant that were sufficiently specific given the very close temporal and spatial proximity of defendant to the drug sale and the absence of anyone else meeting the descriptions in the vicinity (see, People v. Sandoval, 253 A.D.2d 727, lv denied 92 N.Y.2d 1037 ). In any event, defendant's struggle with an officer provided probable cause independently for defendant's arrest (see, People v. Townes, 41 N.Y.2d 97).

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