Opinion
April 2, 1990
Appeal from the Supreme Court, Queens County (Giaccio, J.).
Ordered that the judgment is affirmed.
The evidence adduced at the Mapp hearing established that the arresting officer received a radio transmission from the undercover officer with whom he was working stating that the undercover officer had just observed a black male, who was 6 feet 1 inch tall, slim, and sporting a beard, mustache and close cropped hair, sell drugs on the corner of 205th Street and Linden Boulevard. Three minutes later, the arresting officer arrived at that location and found the defendant, who was the only man on that corner who matched the description with which he had been provided. This evidence was sufficient to meet the People's burden of establishing that it was more likely than not that the defendant was the person observed selling drugs (see, People v. Skrine, 125 A.D.2d 507; People v. White, 117 A.D.2d 127). Thus, the hearing court did not err in concluding that there was probable cause for the defendant's arrest. Thompson, J.P., Brown, Rubin and Eiber, JJ., concur.