Opinion
June 27, 1995
Appeal from the Supreme Court, New York County (Patricia Williams, J.).
The testimony of the officer who observed the drug sale indicated that defendant was sitting two feet away from the two men who were actively involved in the transaction during their discussion with the undercover officer and that, after codefendant Hernandez exchanged drugs for money with the undercover officer, he immediately walked over to defendant and handed him the money, at which point defendant walked into a nearby delicatessen. This evidence was sufficient to provide the officer with probable cause to believe that defendant was involved in the drug sale ( see, People v. Matos, 195 A.D.2d 287, lv denied 82 N.Y.2d 756) and the order suppressing the evidence found on defendant at the time of his arrest should therefore be reversed.
Concur — Sullivan, J.P., Ellerin, Ross and Nardelli, JJ.