Opinion
June 2, 1997
Appeal from the Supreme Court, Queens County (Pitaro, J.).
Ordered that the judgment is affirmed.
It is well settled that the evidence necessary to establish probable cause to arrest need not rise to a level that constitutes proof of guilt beyond a reasonable doubt (see, People v Miner, 42 N.Y.2d 937). Rather, probable cause exists if the facts and circumstances known to the arresting officer would warrant a reasonable person who possesses the same expertise as the officer to conclude, under the circumstances, that a crime is being, has been, or is about to be, committed (see, People v Bigelow, 66 N.Y.2d 417; People v. Oden, 36 N.Y.2d 382; People v Rivera, 166 A.D.2d 678). Since the evidence adduced at the hearing clearly supported a finding that the police had the requisite probable cause, the defendant was legally arrested for his involvement with the operation of an illegal social club.
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
O'Brien, J.P., Ritter, Altman and McGinity, JJ., concur.