Opinion
March 25, 1999
Appeal from the Supreme Court, New York County (Richard Andrias, J.).
Defendant's suppression motion was properly denied. His arrest for criminal trespass was supported by probable cause, including evidence that defendant engaged in unmistakable "casing"-type behavior, ran to a building where a woman had just entered, engaged in various suspicious activity toward the woman, and told the police that he was visiting an individual who was not there, whereas the building superintendent informed the police that no such person lived in the building ( see, People v. Judge, 236 A.D.2d 319, lv denied 89 N.Y.2d 1037; see also, People v. Gonzalez, 250 A.D.2d 545, lv denied 92 N.Y.2d 897). The totality of circumstances negated the possibility that defendant was legitimately but unsuccessfully attempting to locate an acquaintance.
Concur — Ellerin, P. J., Sullivan, Lerner and Rubin, JJ.