Even in the light of the observing officer's substantial experience in drug enforcement in the particular area, the events she described do not give rise to probable cause. The alternative argument that the stop and frisk were justified on the basis of reasonable suspicion of illegal activity was never advanced in the hearing court. Nor did the presentment agency dispute that, as argued at the fact-finding hearing by the Law Guardian, probable cause was the appropriate standard. Thus, this fact-based argument is not preserved for appellate review. ( People v. Johnson, 64 N.Y.2d 617, 619, n 2.)
Concur — Sullivan, J.P., Ellerin, Williams, Tom and Colabella, JJ.