People v. Phillibert

The court properly denied defendant’s suppression motion. The hearing record does not support defendant’s assertion that the arresting officer had no actual recollection of the description conveyed to him by the ghost officer. The totality of the arresting officer’s testimony made clear that while he had no independent recollection of the description, his recollection had been refreshed by reading the buy report prepared by the primary undercover officer, so that he was testifying on the basis of this revived recollection (see Prince, Richardson on Evidence § 6-214 [Farrell 11th ed 1995]). A…