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PEOPLE v. MESSADO

286 A.D.2d 447 (2001)

730 N.Y.S.2d 245

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY MESSADO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 20, 2001.

Ordered that the judgment is affirmed.

The Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence. The arresting officer was entitled to act on the strength of the radio communication of the undercover officer and assume that it was reliable (see, People v Boone, 269 A.D.2d 459). Moreover, under the "fellow officer rule," the Supreme Court was permitted to impute...

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