People v. Gunter

*542It is undisputed, and the hearing court so found, that the defendant and his codefendant were under arrest from the initial point of the confrontation with the Newburgh police (see, People v Brnja, 50 NY2d 366; People v De Bour, 40 NY2d 210; People v Cantor, 36 NY2d 106; cf., People v Hicks, 68 NY2d 234). Probable cause was therefore the required predicate for this intrusipn (People v De Bour, supra). The hearing court erred in basing its finding of probable cause on the content of the radio transmission received by the arresting police officers. It is accepted that while a radio transmission…