People v. Rodriguez

Order, Supreme Court, New York County (Herbert I. Altman, J.), entered October 31, 1989, which suppressed physical evidence, unanimously affirmed.

The hearing evidence established that the arresting officer, in a marked police car, received a radio call that four men were selling drugs at a specified street corner, one of whom was described as a male Hispanic wearing a blue cut-off tee-shirt with the words "Portland Maine” on the back. When the arresting officer arrived at the corner, he saw defendant standing there wearing such a shirt, and called out to him, "hey buddy”, whereupon defendant…