Opinion
Argued February 6, 1985
Decided March 21, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Benjamin Altman, J., Frederic Berman, J.
Scott H. Greenfield and Milton M. Rosenberg for appellant.
Robert M. Morgenthau, District Attorney ( Wayne Eastman and Joyce P. Adolfsen of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
It is unnecessary to consider whether it was proper for the police to have overheard the conversation at the defendant's door, in view of the fact that the other information available to the police prior to their entry of the defendant's apartment was alone sufficient to sustain the finding of probable cause ( see, People v Plevy, 52 N.Y.2d 58, 66).
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.
Order affirmed in a memorandum.