Opinion
1786
October 9, 2003.
Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered January 30, 2001, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
Eli R. Koppel, for respondent.
Michael J.Z. Mannheimer, for defendant-appellant.
Before: Saxe, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.
The court properly denied defendant's suppression motion. "This Court has repeatedly rejected defendant's argument that the radio transmissions from the undercover officer, relating that a `positive buy' involving two described individuals had transpired, were insufficient to establish probable cause to arrest defendant because they did not spell out defendant's role in the drug transaction [citations omitted]" (People v. Harris, 305 A.D.2d 282).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.