Opinion
4871.
December 9, 2004.
Judgment, Supreme Court, New York County (Laura E. Drager, J., at suppression hearing; Gregory Carro, J., at plea and sentence), rendered March 5, 2003, convicting defendant of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.
Before: Buckley, P.J., Ellerin, Lerner, Marlow and Catterson, JJ.
The court properly denied defendant's suppression motion. The police officer had probable cause to search and arrest defendant based upon sufficiently specific information received from a store security guard who apprehended defendant after seeing him place merchandise in his bag and his coat without paying for them ( see People v. Felder, 2 AD3d 365, lv denied 2 NY3d 799). Moreover, the officer heard defendant make a spontaneous admission of guilt while he was still in the custody of the security personnel. We also note that the security guard's conduct was not covered by the Fourth Amendment ( People v. Jones, 47 NY2d 528, 532-533).
The sentencing court properly exercised its discretion when it denied defendant's motion to withdraw his guilty plea. The record establishes that the plea was knowing, intelligent and voluntary ( see People v. Frederick, 45 NY2d 520).