Contrary to defendant's argument, the police officer's observation of what "seemed to be an exchange" between defendant and an unknown person in an area known for its narcotics activity provided the officer with a sufficient predicate for the minimal intrusion of asking defendant what he was doing in the area (People v De Bour, 40 N.Y.2d 210, 220). After defendant responded that he had bought a "beat vial" which he threw over the fence, the officer's discovery of three identical vials containing a white powder substance behind the fence provided him with probable cause to arrest defendant (People v McRay, 51 N.Y.2d 594). Accordingly, the court properly declined to suppress the twelve vials of crack recovered from defendant at the precinct.
Concur — Murphy, P.J., Sullivan, Carro, Wallach and Kupferman, JJ.