Opinion
December 16, 1985
Appeal from the Supreme Court, Queens County (Leahy, J.).
Judgment affirmed.
Defendant claims that it was error to deny his motion to suppress because there was a failure to establish the reliability of the information received over the radio with a consequent lack of probable cause for his arrest or for the search of the alleged stolen vehicle. As defendant never specifically challenged at Criminal Term the reliability of the transmission, the People were not required to produce the "sending" officer at the suppression hearing (see, People v Ward, 95 A.D.2d 233, 239-240) and thus the presumption of probable cause created by the radio report remains (see, People v Makedon, 108 A.D.2d 826). At this juncture since the evidence must be viewed in a light most favorable to the People, the evidence adduced during the trial established the defendant's guilt beyond a reasonable doubt (see, People v Hyde, 110 A.D.2d 716).
The sentence of 2 1/2 to 5 years for criminal possession of a weapon in the third degree and 2 to 4 years for criminal possession of stolen property in the second degree was not an abuse of discretion by the sentencing Judge. The circumstances at bar do not demand that the sentence be disturbed (see, People v Suitte, 90 A.D.2d 80). Mangano, J.P., Rubin, Eiber and Kooper, JJ., concur.