Opinion
November 9, 1989
Appeal from the Supreme Court, New York County (Joan Carey, J.).
Defendant's argument that the credit cards recovered from his person should have been suppressed as fruits of an illegal arrest, where he was arrested on an allegedly general and vague description, is rejected. Defendant's arrest did not occur until after he was positively identified by the victim of the crime sometime later at the precinct. The initial stop of defendant and two other suspects, meeting the description given by the victim, within an hour after the crime, near the location of the crime, at a time when the vehicle was being operated unlawfully and in an extremely erratic fashion, was lawful and a sufficient basis for detaining and transporting defendant back to the precinct for further investigation and a confrontation with the victim, all of which took only 10 minutes. (People v Hicks, 68 N.Y.2d 234.)
Concur — Kupferman, J.P., Carro, Asch, Kassal and Rosenberger, JJ.