Opinion
July 12, 1989
Appeal from the Genesee County Court, Morton, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's argument that the People failed to establish probable cause for his arrest is without merit. The People introduced the testimony of both the transmitting and receiving officers in compliance with People v Lypka ( 36 N.Y.2d 210, 213-214; see also, People v Landy, 59 N.Y.2d 369, 375-376). The contents of the message were proven and consisted of a detailed description of the vehicle, including the license number. This information was provided by citizens based upon their personal observations (see, People v Ramsey, 140 A.D.2d 638, lv denied 72 N.Y.2d 923).
The court's refusal to suppress the identification of defendant after a hearing was correct. The witness's viewing of defendant outside the courthouse was inadvertent and not arranged by police (see, People v Maddox, 139 A.D.2d 597, lv denied 72 N.Y.2d 862; People v Brown, 126 A.D.2d 657, lv denied 70 N.Y.2d 703).