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PEOPLE v. RODRIGUEZ

Appellate Division of the Supreme Court of New York, First Department.
Dec 21, 1993

The description given by the undercover officer to his backup team in a buy and bust operation, as recounted in the testimony of a member of the backup team, gave sufficient details of defendant's attire and location to provide probable cause for her arrest, particularly when coupled with the proximity of the arrest to the time and place of the crime (see, People v Bigelow, 66 N.Y.2d 417, 423; People v Acevedo, 181 A.D.2d 596, lv denied 79 N.Y.2d 1045). The People's burden of establishing probable cause having been satisfied, the suppression court properly denied suppression of the evidence seized after defendant's arrest.

Concur — Sullivan, J.P., Asch, Rubin and Nardelli, JJ.