Opinion
March 2, 1987
Appeal from the Supreme Court, Kings County (Bourgeois, J.).
Ordered that the judgment is affirmed.
The suppression court did not err in denying that branch of the defendant's omnibus motion which was to suppress identification evidence. The identification resulted when the complainant, who was accompanying the police in a building search, encountered the defendant in the building hallway in the company of two police officers who had arrived only moments before. In these circumstances, where the confrontation was clearly not arranged by the police, suppression was not required (see, People v Brown, 123 A.D.2d 875; People v. Dukes, 97 A.D.2d 445).
The defendant's contention that the identification should have been suppressed because it resulted from an arrest made without probable cause has not been preserved for appellate review because it was not raised before the suppression court (see, People v. Martin, 50 N.Y.2d 1029). Thompson, J.P., Niehoff, Weinstein and Eiber, JJ., concur.