Opinion
December 7, 1992
Appeal from the Supreme Court, Queens County (Savarese, J.).
Ordered that the judgments and the amended judgment are affirmed.
The defendant asserts that all identification testimony and all physical evidence found upon his person at the time of his arrest for criminal sale of a controlled substance in the third degree should have been suppressed because he was arrested without probable cause. The testimony at the suppression hearing established that on December 7, 1988, the arresting officer received a radio communication from an undercover police officer reporting a purchase of narcotics on the corner of 72nd Street and Roosevelt Avenue in Queens together with a description of the seller as a male Hispanic, "wearing stone-washed jeans and jacket, white sneakers". Moments later, the arresting officer received a second radio call from the undercover officer's backup, repeating the description and stating that the subject was still on the corner. The arresting officer arrived at the scene within five minutes after receiving the first radio report and arrested the defendant, who fit the given description. Under the facts of this case, there was probable cause to arrest the defendant, and no reason to suppress the physical evidence, which included the prerecorded money found in the defendant's pocket, or the identification testimony.
We find no merit to the defendant's further contention that the sentences imposed were harsh or excessive (see, People v Suitte, 90 A.D.2d 80). Lawrence, J.P., Miller, O'Brien and Pizzuto, JJ., concur.