Opinion
1208
May 22, 2003.
Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered January 30, 2001, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
Hae Jin Liu, for respondent.
Judith Stern, for defendant-appellant.
Before: Buckley, P.J., Andrias, Sullivan, Lerner, Friedman, JJ.
Defendant's motion to suppress was properly denied. This Court has repeatedly rejected defendant's argument that the radio transmissions from the undercover officer, relating that a "positive buy" involving two described individuals had transpired, were insufficient to establish probable cause to arrest defendant because they did not spell out defendant's role in the drug transaction (see e.g. People v. Daniels, 303 A.D.2d 209, 755 N.Y.S.2d 601; People v. Johnson, 278 A.D.2d 68; People v. Muniz, 276 A.D.2d 346, lv denied 96 N.Y.2d 762).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.