Opinion
November 16, 1998
Appeal from the Supreme Court, Queens County (Dunlop, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of 5 to 10 years imprisonment; as so modified, the judgment is affirmed.
The defendant's contentions in support of his argument that the police lacked probable cause for his arrest are unpreserved for appellate review ( see, People v. Brown, 232 A.D.2d 168; People v. Rush, 230 A.D.2d 924). In any event, the record demonstrates that the police had probable cause to arrest the defendant ( see, People v. Haynes, 251 A.D.2d 595).
The sentence imposed is excessive to the extent indicated herein.
Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.