Opinion
August 15, 1986
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Judgment affirmed.
The defendant's claim that certain physical evidence seized by the police after his arrest should have been suppressed is without merit (cf. People v Green, 35 N.Y.2d 193; People v Harris, 48 N.Y.2d 208; People v Rosen, 112 A.D.2d 253).
Moreover, the defendant's contention that his sentence is excessive is moot. The defendant, who was entitled to credit for time already served on the pending indictment, has already served the maximum time on the sentence imposed. In any event, the sentence imposed was not excessive (see, People v Pena, 50 N.Y.2d 400, 409-410, cert denied 449 U.S. 1087). Lawrence, J.P., Eiber, Kooper and Spatt, JJ., concur.