Opinion
January 7, 1993
Appeal from the Supreme Court, New York County (Emily Jane Goodman, J.).
We agree with the suppression court's findings that defendant was arrested without probable cause. The information conveyed to the arresting officer by his fellow officer indicated only that a crime had been committed by at least two unspecified individuals, an insufficient basis for the arrest and search of defendant absent probable cause to believe that defendant was one of the individuals involved in the commission of the crime (see, People v. Dodt, 61 N.Y.2d 408, 416). Nor did the independent observations of the arresting officer provide probable cause, contributing no more than the fact of defendant's presence on a congested street corner, in close proximity to two individuals who had exchanged "something" for what appeared to be money (see, People v. Martin, 32 N.Y.2d 123, 125).
Concur — Milonas, J.P., Ellerin, Kupferman and Kassal, JJ.