Opinion
June 16, 1998
Appeal from the Supreme Court, New York County (Bruce Allen, J.).
Defendant's suppression motion was properly denied. The acts of the private citizen herein are not subject to challenge because they were not instigated or supervised by the police ( see, People v. Galloway, 138 A.D.2d 735, 737, lv denied 71 N.Y.2d 1027), and not conducted at their request ( see, People v. Cole, 200 A.D.2d 832, lv denied 83 N.Y.2d 850). The police gave the private citizen no instructions ( see, People v. Shabani, 203 A.D.2d 142, lv denied 84 N.Y.2d 832), promised him no reward, and offered him not even "slight assistance" ( People v. Henriquez, 214 A.D.2d 485, 486, lv denied 86 N.Y.2d 873). The record shows, if anything, only generalized encouragement, which does not warrant a finding of agency for suppression purposes ( see, People v. Del Duco, 247 A.D.2d 487).
Concur — Sullivan, J. P., Rosenberger, Rubin, Williams and Mazzarelli, JJ.