Opinion
March 3, 1994
Appeal from the Supreme Court, New York County (Mary McGowan Davis, J.).
Defendant failed to rebut the presumption of probable cause raised by the arresting officer's testimony that he acted after receiving a radio transmission from the undercover officer that defendant had just offered to sell him cocaine, which transmission described defendant's physical features and stated that he was holding a bag containing cocaine (see, People v Acevedo, 179 A.D.2d 465, lv denied 79 N.Y.2d 996).
Concur — Sullivan, J.P., Ross, Asch, Rubin and Tom, JJ.