Opinion
October 3, 1995
Appeal from the Supreme Court, Bronx County (Frank Torres, J.).
The undercover officer's radio broadcast describing defendant — male Hispanic, goatee, long black coat, blue sweatshirt, green shorts over blue pants, white sneakers, and black "Raiders" cap — and specifying the location where the sale occurred, provided ample probable cause to arrest when, within a minute or two of the broadcast, the arresting officers observed defendant at the specified location wearing the clothes described, and no one else there matching the radioed description ( see, People v. Acevedo, 181 A.D.2d 596, lv denied 79 N.Y.2d 1045; People v. Rodriguez, 199 A.D.2d 181). Accordingly, suppression of the drugs and buy money seized upon defendant's arrest was properly denied. Nor did defendant's acquittal of having sold seven black top vials of crack to the undercover officer necessarily render his conviction for possession of three red top vials of crack with intent to sell against the weight of the evidence ( see, People v Martinez, 165 A.D.2d 788, lv denied 78 N.Y.2d 924).
Concur — Sullivan, J.P., Wallach, Rubin, Ross and Nardelli, JJ.