Opinion
March 3, 1994
Appeal from the Supreme Court, Bronx County, John Stackhouse, J., Harold Silverman, J.
Defendant's claim that there was no basis for finding probable cause where the arresting officer, unable to independently recall defendant's appearance at the time of the arrest, refreshed his recollection of the description given to him by the undercover officer from his contemporaneously prepared notes of the arrest, is without merit. (See, People v. Petralia, 62 N.Y.2d 47.) Probable cause was established by the officer's testimony that he acted in response to information received from another office with personal knowledge of the facts reported, and that defendant was the only person at the identified location who matched the detailed description transmitted (compare, People v. Rivera, 187 A.D.2d 258). The officer's use of written material before testifying to refresh his recollection bears only upon his credibility, and, in that regard, we defer to the hearing court's assessment made with the advantage of seeing and hearing the witness (People v. Prochilo, 41 N.Y.2d 759, 761).
Concur — Murphy, P.J., Ellerin, Kupferman and Nardelli, JJ.