PEOPLE, res, v. DERRICK HILL, def-ap

12262. PEOPLE, res, v. DERRICK HILL, def-ap — Steven Banks, The Legal Aid Society, New York (Natalie Rea of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for res — Judgment, Supreme Court, New York County (Patricia M. Nunez, J.), rendered February 17, 2010, convicting defendant, after a jury trial, of attempted robbery in the third degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

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12262. PEOPLE, res, v. DERRICK HILL, def-ap — Steven Banks, The Legal Aid Society, New York (Natalie Rea of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for res — Judgment, Supreme Court, New York County (Patricia M. Nunez, J.), rendered February 17, 2010, convicting defendant, after a jury trial, of attempted robbery in the third degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

The court properly denied defendant’s suppression motion. The record establishes that defendant was arrested by a police sergeant who undisputedly had probable cause to make that arrest (regardless of which officer was credited with the arrest for police administrative purposes), and that a wrench was recovered from defendant’s person immediately after the arrest. Accordingly, the search was incident to a preexisting lawful arrest, even though it was conducted by another officer, who was not necessarily privy to all the information possessed by the sergeant (see People v. Bacon, 19 AD3d 287 [1st Dept 2005], lv denied 5 NY3d 803 [2005]). Furthermore, the searching officer overheard the radio run describing the sergeant’s pursuit of defendant, saw the sergeant chasing defendant, and was present during the arrest and assisted in subduing defendant. In any event, we find that under the circumstances of the case probable cause may be imputed to the searching officer by way of the fellow officer rule (see e.g. People v. Washington, 87 NY2d 945 [1996]).

PEOPLE, res, v. DERRICK HILL, def-ap

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