Though one of the officers involved in a drunken driving arrest died before he could testify on the circumstances of the stop, a Brooklyn appellate panel said authorities still established probable cause through the testimony of an officer who subsequently arrived at the scene.

A lower court said Jermaine Mitchell's statements to police, and other evidence, had to be suppressed because they originated from an unlawful stop. Acting Nassau County Supreme Court Justice Philip Grella (See Profile) said Mitchell's constitutional right to confrontation had been breached because officer Joseph Olivieri, who was now dead, could not be questioned on the facts surrounding the stop.

The Appellate Division, Second Department, overruled Grella on Wednesday, saying Officer Matthew Schmidt's testimony­­—relaying Olivieri's observations—were enough to show probable cause for the arrest.