Opinion
April 15, 1999
Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J., at suppression hearing; David Stadtmauer, J., at plea and sentence).
Defendant's suppression motion was properly denied. The radioed description, including height, weight and colors of clothing, was sufficiently specific given the close temporal and spatial proximity of the drug sale to the arrest, and the arresting officer's testimony was sufficient to permit the court to make an independent finding of probable cause, even without actual testimony that defendant met the description ( see, People v. Martinez, 245 A.D.2d 185, lv denied 91 N.Y.2d 975; People v. Vinniane, 242 A.D.2d 464, lv denied 91 N.Y.2d 882). We have considered and rejected defendant's remaining claims.
Concur — Sullivan, J. P., Rosenberger, Rubin, Saxe and Buckley, JJ.