Opinion
March 10, 1989
Appeal from the Niagara County Court, Hannigan, J.
Present — Dillon, P.J., Callahan, Doerr, Pine and Lawton, JJ.
Judgment unanimously reversed on the law, defendant's motion to suppress granted in accordance with memorandum and new trial granted. Memorandum: The evidence adduced at the suppression hearing was not sufficient to establish probable cause for defendant's detention and arrest. The People wholly failed to prove the content of the radio broadcast on the basis of which the arrest was made; thus defendant's motion to suppress the showup identifications and his statement obtained after that arrest should have been granted (see, People v. Dodt, 61 N.Y.2d 408; People v. Jones, 124 A.D.2d 1024, lv denied 69 N.Y.2d 747). There was, however, sufficient proof presented at the hearing to establish an independent basis for the in-court identification of defendant and such identification will be permitted upon retrial.