Opinion
June 22, 1992
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the hearing court properly concluded that his arrest was supported by probable cause. It is well settled that information provided by an identified citizen accusing another individual of a specific crime is legally sufficient to provide the police with probable cause to arrest (see, People v. Newton, 180 A.D.2d 764; People v Grams, 166 A.D.2d 717). Here, the record reveals that the arresting officer was interviewing two victims of an armed robbery when one of them suddenly called out, "there he is", and both victims pointed to the defendant, who was standing across the street. The officer then asked the victims "are you sure that's him?" and they both replied that they were sure of their identification. Under these circumstances, the arresting officer had probable cause to believe that the defendant had perpetrated the robbery (see, People v. Banks, 151 A.D.2d 491; People v. McCain, 134 A.D.2d 623). Accordingly, the hearing court properly denied suppression of the grey bandana which was discovered incident to the defendant's lawful arrest (see, People v. McCain, supra). Mangano, P.J., Harwood, Balletta and Eiber, JJ., concur.