Mendoza v. City of New York (90 A.D.3d 453, 2011)

No triable issue of fact exists as to whether the detention, arrest, or prosecution was supported by probable cause, given that the police found plaintiff in a state of undress on premises identified in a valid search warrant as a drug distribution point, and a controlled substance was recovered from those premises (see Martinez v City of Schenectady, 97 NY2d 78, 85 [2001]; People v Mayo, 59 AD3d 250, 254-255 [2009], affd 13 NY3d 767 [2009]). Concur — Tom, J.P., Moskowitz, Richter and AbdusSalaam, JJ.