Opinion
00-09557
Submitted April 25, 2002
June 3, 2002
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered October 11, 2000, convicting him of sodomy in the first degree (six counts), sexual abuse in the first degree (six counts), sexual conduct against a child (two counts), sodomy in the second degree (two counts), and sexual abuse in the second degree, upon a jury verdict, and imposing sentence.
James Kousouros, Kew Gardens, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam S. Charnoff of counsel), for respondent.
ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contentions, the hearing record demonstrates that the police entered the defendant's apartment and arrested him only after obtaining permission to enter from the defendant's wife, an individual who clearly possessed the authority to consent (see People v. Sturdivant, 247 A.D.2d 413; People v. Russo, 243 A.D.2d 658, 659; People v. Nasario, 258 A.D.2d 599; People v. Huff, 200 A.D.2d 761, 762). Accordingly, there was no Payton violation (see Payton v. New York, 445 U.S. 573).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
FLORIO, J.P., O'BRIEN, McGINITY and H. MILLER, JJ., concur.