Opinion
June 20, 1995
Appeal from the Supreme Court, New York County, Franklin Weissberg, J., Nicholas Figueroa, J.
Probable cause in this "buy and bust" case was demonstrated by the arresting officer's testimony that she arrested defendant because he matched a detailed description of the seller provided in a radio transmission from the undercover officer ( People v Parris, 83 N.Y.2d 342, 346). The officer's use of written material before testifying to refresh her recollection bears only upon her credibility, and, in that regard, we defer to the hearing court's assessment made with the advantage of seeing, and hearing the witness ( People v. Rose, 202 A.D.2d 189, lv denied 83 N.Y.2d 876). The courtroom, was properly closed for the testimony of the undercover officer, who testified at the Hinton hearing, inter alia, that he was still active undercover in the very area where defendant was arrested ( People v. Amparo, 201 A.D.2d 331, 332, lv denied 83 N.Y.2d 868).
Concur — Sullivan, J.P., Rosenberger, Ellerin, Rubin and Mazzarelli, JJ.