People v. Jenkins

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The record reveals that thé defendant’s challenge to the existence of probable cause for his arrest was directed to the sufficiency of the evidence rather than its reliability. As to the latter, since the motion to suppress did not attack the underlying basis for the police alarm, the presumption of probable cause to issue it remained (see People v Lypka, 36 NY2d 210). The People therefore were not called upon to rebut the presumption by an evidentiary showing. And, absent attack on the bulletin, we find the…