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People v. Arango

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1991
175 A.D.2d 840 (N.Y. App. Div. 1991)

Opinion

August 12, 1991

Appeal from the Supreme Court, Queens County (Fisher, J.).


Ordered that the judgment is affirmed.

The defendant was arrested during a so-called buy and bust narcotics operation and moved to suppress evidence that prerecorded buy money was found in his possession. The arresting officer testified at the suppression hearing that he observed the undercover officer and the defendant meet in a park. After receiving a radio transmission from a third member of the narcotics team that the undercover officer had given the prearranged "buy sign", he seized and searched the defendant.

The defendant contends that the People failed to establish probable cause for the search since only the arresting officer testified at the hearing. This contention is without merit. The arresting officer relied on a radio transmission from another member of the narcotics team. Since the reliability of this information was established, the People were not required to produce the sender of the transmission or the undercover officer as witnesses (see, People v Petralia, 62 N.Y.2d 47, cert denied 469 U.S. 852; People v Amoateng, 141 A.D.2d 398; People v James, 135 A.D.2d 832). The content of the transmission, together with the arresting officer's personal observations, were sufficient to support a finding of probable cause (see, People v Grier, 118 A.D.2d 727). Thompson, J.P., Lawrence, Balletta and O'Brien, JJ., concur.


Summaries of

People v. Arango

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1991
175 A.D.2d 840 (N.Y. App. Div. 1991)
Case details for

People v. Arango

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAIRO ARANGO, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 12, 1991

Citations

175 A.D.2d 840 (N.Y. App. Div. 1991)
573 N.Y.S.2d 201

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