Opinion
December 22, 1998
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
Defendant's suppression motion was properly denied. As he lawfully approached defendant, and prior to any search, the arresting officer observed defendant "drinking what reasonably appeared to be an alcoholic beverage from an open bottle" ( Matter of Johnnie A., 253 A.D.2d 578), contained in a paper bag that was open for the purpose of drinking the beverage, and that observation was coupled with defendant's inability to produce identification. The arrest of defendant was therefore proper ( see also, People v. Fernandez, 193 A.D.2d 896, lv denied 81 N.Y.2d 1072).
Concur — Sullivan, J. P., Rosenberger, Wallach and Tom, JJ.