IN RE: MICHAEL M. (1998)

Supreme Court, Appellate Division, First Department, New York.

IN RE: MICHAEL M., A Person Alleged to be A Juvenile Delinquent, Appellant. Presentment Agency.

Decided: November 19, 1998

Before SULLIVAN, J.P., NARDELLI, WILLIAMS and MAZZARELLI, JJ.

Raymond E. Rogers, for Appellant. Pamela Seider Dolgow, for Presentment Agency.

Order, Family Court, Bronx County (Bruce Kaplan, J.), entered on or about September 19, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed acts which, if committed by an adult, would constitute criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and placed him on probation until January 26, 1999, unanimously affirmed, without costs.

Appellant's suppression motion was properly denied. There was probable cause for appellant's arrest where an undercover officer radioed a detailed description of appellant shortly after purchasing two glassines of heroin from him, whereupon the backup team responded to the location within one minute and observed appellant, who matched the description and was the only person wearing both the distinctive hat and sweater shirt described.

MEMORANDUM DECISION.

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