Opinion
August 12, 1985
Appeal from the Supreme Court, Queens County (Rotker, J.).
Order reversed insofar as appealed from, on the law, without costs or disbursements, judgment vacated, parole revocation warrant reinstated, proceeding dismissed, and petitioner is directed to surrender himself to respondent Superintendent of Queensboro Correctional Facility for a final parole revocation hearing.
On October 1, 1983, petitioner was observed by an experienced police officer handing what appeared to be a white glassine envelope to an unnamed person in an area rampant with narcotics activities. Petitioner was found to be in possession of 24 glassine envelopes containing a substance alleged to be cocaine. Under the circumstances, it was error for Criminal Term to have concluded that the evidence presented at the preliminary hearing was insufficient to give rise to probable cause to believe that petitioner had committed acts which would constitute a violation of parole ( see, People ex rel. Calloway v. Skinner, 33 N.Y.2d 23, 31). Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.