People v. Fernando

Order, Supreme Court, New York County (Frederic S. Berman, J.) entered June 10, 1991, which granted defendant’s motion to suppress physical evidence and dismissed indictment numbered 11843/90 filed against the defendant-respondent, unanimously reversed on the law, the suppression motion is denied and the indictment is reinstated.

The defendant was arrested, on September 26, 1990 after an undercover officer radioed the arresting officer and identified the defendant as one of two unapprehended participants from a "buy and bust” operation the undercover officer participated in eight days prior to…