Opinion
January 17, 1995
Appeal from the Supreme Court, New York County, Frederic Berman, J., Antonio Brandveen, J.
The testimony at the suppression hearing clearly established that the arresting officers had probable cause to effect an arrest of the defendant following their conversation with a sergeant at the scene of the crime. The information supplied to the arresting officers by the sergeant satisfied the requirements of the Aguilar-Spinelli test, rendering the sergeant's testimony at the hearing unnecessary (People v. Parris, 83 N.Y.2d 342). The present argument was not made before the hearing court, defendant having asked only for the opportunity to cross-examine the sergeant.
Concur — Sullivan, J.P., Rosenberger, Nardelli and Williams, JJ.