IN RE: HECTOR B. (1997)

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

IN RE: HECTOR B., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: December 16, 1997

Before MILONAS, J.P., and ROSENBERGER, ELLERIN, NARDELLI and COLABELLA, JJ.

Raymond E. Rogers, for appellant. Marta B. Soja, for Presentment Agency.

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about April 30, 1996, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed acts which, if committed by an adult, would constitute the crimes of 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 for a period of 2 years, unanimously affirmed, without costs.

Appellant's suppression motion was properly denied. Under the circumstances, the arresting officer's testimony implicitly provided sufficient detail as to the content of the radio transmission, so as to allow the hearing court to make an independent determination that the arrest of appellant was supported by probable cause (cf., People v. Brown, 238 A.D.2d 204, 656 N.Y.S.2d 262), unlike the situation presented where the People completely fail to establish the content of the description (see, People v. Rivera, 187 A.D.2d 258, 589 N.Y.S.2d 866).

MEMORANDUM DECISION.

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