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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY HUGHES, Appellant.

Judgment unanimously affirmed. Memorandum: The record supports the suppression court's determination that defendant's arrest was supported by probable cause. The victim of the attempted break-in provided the arresting officer with a "sufficiently detailed and particular description of the perpetrator" ( People v. White, 117 A.D.2d 127, 131, lv denied 68 N.Y.2d 818), including his race, height, build, hair color and clothing ( see, People v. Horsman, 152 A.D.2d 859, 861). The victim also pointed out the direction of defendant's flight from the scene. Within a half hour of the commission of the crime, a trained dog tracked defendant to a back yard approximately a quarter mile from the crime scene ( see, People v. Price, 54 N.Y.2d 557, 564), where the arresting officer discovered defendant hiding under a row of bushes ( see, People v. Ridley, 124 A.D.2d 610, lv denied 69 N.Y.2d 749). Defendant matched the victim's description precisely. Those facts were sufficient to warrant a reasonable belief that it was "at least more probable than not" that a crime had occurred and that defendant was the perpetrator ( People v. Carrasquillo, 54 N.Y.2d 248, 254).

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PEOPLE v. HUGHES
(May 31, 1996)