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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH ROSA, Also Known as JOSEPH KELLER, Appellant.

Ordered that the judgment is affirmed.

We find no basis to disturb the hearing court's determination that the police had probable cause to arrest the defendant. The hearing evidence showed that the arresting officer received a radio transmission that a burglary was in progress and that less than two minutes later, when the officer was just around the corner from the scene, an unidentified man pointed toward an alleyway and told him "he went that way". Within seconds, the officer observed the defendant attempting to hide in a carport within the alley. The defendant fit the radioed description of a white male wearing blue shorts and a white T-shirt. Viewed together, these facts and circumstances were sufficient to lead a reasonable person, possessing the same expertise as the arresting officer, to conclude that the defendant had committed the reported burglary (see, People v Alford, 198 A.D.2d 364; People v Eleazer, 182 A.D.2d 697; People v Javier, 175 A.D.2d 182; People v Thomas, 175 A.D.2d 188; People v Johnson, 174 A.D.2d 694; People v White, 117 A.D.2d 127). Therefore, the court properly denied suppression of the jewelry and screwdriver recovered from the defendant's pockets in the ensuing search. O'Brien, J.P., Copertino, Pizzuto and Santucci, JJ., concur.

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PEOPLE v. ROSA
(Dec 20, 1993)