Opinion
Argued May 9, 2000.
July 26, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered December 4, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Silverman, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the arresting officer's unrefuted testimony sufficiently established the contents of the undercover officer's radio transmission (see, People v. Dodt, 61 N.Y.2d 408, 415-416; People v. Brown, 238 A.D.2d 204; People v. Rose, 202 A.D.2d 189), and we are satisfied that he possessed probable cause to arrest the defendant (see, People v. Rodriguez, 208 A.D.2d 570; People v. Rose, supra). Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence.
The defendant's remaining contention is unpreserved for appellate review, and, in any event, without merit.