Opinion
March 7, 1988
Appeal from the County Court, Westchester County (Marasco, J.).
Ordered that the judgment, as amended, is affirmed.
In this case, the arresting officer testified that she was informed that a man answering the defendant's description was soliciting gifts in the area of the victims' residence. She knew that the owners of the residence were working on the day in question and no one answered the doorbell. The officer then found the back door of the premises ajar and, after calling the owners' name, the officer heard hurried footsteps within. She then observed the defendant exit the front door of the premises and flee. After the officer pursued the defendant and stopped him, the defendant said he was in the neighborhood visiting a friend. Under all of these circumstances, the defendant's arrest was supported by probable cause (see, People v. De Bour, 40 N.Y.2d 210; People v. Wharton, 60 A.D.2d 291, affd 46 N.Y.2d 924, cert denied 444 U.S. 880).
The sentencing court properly exercised its discretion in sentencing the defendant as a persistent felony offender (see, Penal Law § 70.10; CPL 400.20; People v. Oliver, 96 A.D.2d 1104, affd 63 N.Y.2d 973), and the sentence as imposed was not excessive.
The defendant's remaining contention is not preserved for appellate review and we decline to exercise our interest of justice jurisdiction. Mollen, P.J., Bracken, Eiber and Harwood, JJ., concur.