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THE PEOPLE &C., APPELLANT, v. ELIZABETH GONZALEZ, RESPONDENT.

91 N.Y.2d 909, 692 N.E.2d 557, 669 N.Y.S.2d 526 (1998).
February 19, 1998

1 No. 64 SSM 21

[98 NY Int. 0013]
Decided February 19, 1998


This opinion is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Deborah L. Morse, for appellant.
Submitted by Patrick Joyce, for respondent.

MEMORANDUM:

The order of the Appellate Division should be reversed and the motion to suppress denied.

The record in this case permits only the following inferences to be drawn from the unrefuted, unchallenged and fully credited testimony of the sole witness at the suppression hearing: that the officers who initially stopped defendant were part of the arresting detective's "buy and bust" team and heard the reports transmitted by their fellow officers over the radio (see, People v Mims [decided under the lead heading of People v Ramirez]; 88 NY2d 99, 113-114); that the officers who initially stopped defendant at least had reasonable suspicion to detain defendant for a confirmatory identification; and that the detective who ultimately arrested defendant, and who searched defendant only after a confirmatory identification, had probable cause to make the arrest.

In light of this disposition, we need not reach the People's remaining argument.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order reversed and defendant's motion to suppress denied, in a memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided February 19, 1998