Opinion
April 15, 1991
Appeal from the Family Court, Queens County (De Phillips, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
While conducting surveillance alongside a park from an unmarked car and using "high power" binoculars, a police officer, a member of the Queens Tactical Narcotics Task Force, observed the appellant sitting on a park bench with Gerrard B., whose appeal is decided herewith (see, Matter of Gerrard B., 172 A.D.2d 660 [decided herewith]), and another companion. When an individual, later identified as Connolley, drove up in his car outside the park, the appellant approached him and they engaged in a short conversation. Thereafter, they both walked back to the park bench where the appellant's two companions were still seated. The officer observed Gerrard B. open the palm of his hand and reveal some vials to Connolley. Connolley handed some money to the third boy, and Gerrard B. then delivered the vials to Connolley. Connolley then returned to his car and drove off. The officer radioed his recovery team, which arrested Connolley and recovered four vials containing what was subsequently determined to be crack cocaine, from his left front pants pocket. Upon receiving word of the arrest from the recovery team, the officer arrested the appellant and his companions.
The appellant contends that there was no probable cause for his arrest. We disagree. The officer's observations supplied sufficient probable cause to arrest the appellant (see, Dunaway v. New York, 442 U.S. 200, 208; People v. McRay, 51 N.Y.2d 594, 602; United States v. Resto, 824 F.2d 210; United States v Giagoudakis, 693 F. Supp. 1414, affd 856 F.2d 480).
We have considered the defendant's remaining contentions and find them to be without merit (see, People v. Petralia, 62 N.Y.2d 47, cert denied 469 U.S. 852; People v. Julian, 41 N.Y.2d 340; People v. Torres, 150 A.D.2d 816; People v. Newman, 129 A.D.2d 742). Lawrence, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.