People v. Brown

OPINION OF THE COURT

Lewis L. Douglass, J.

In this motion for a suppression hearing, the defendant’s attorney in his affidavit, filed in support of the motion, asserts that the defendant was a pedestrian on the street committing no crime and, therefore, the defendant’s arrest was without probable cause.

*77The People respond by alleging that the defendant sold two vials of crack for $10 to an undercover officer.

The question raised by the moving papers, therefore, is whether the mere allegation in a defendant’s moving papers that the defendant committed no crime and thus, there is no probable cause…