Opinion
December 21, 1992
Appeal from the County Court, Suffolk County (Hurley, J.).
Ordered that the judgment is affirmed.
The evidence presented at the pretrial Mapp hearing demonstrated that the officers' entry into the house where the defendant was arrested was effectuated with the consent of the owner. The hearing court therefore properly declined to suppress the defendant's statement made at the time of his arrest (see, People v Matus, 166 A.D.2d 464; People v Stevens, 109 A.D.2d 856).
The defendant's assertion that the lineup procedure was unduly suggestive is without merit (see, People v Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833). Therefore, the defendant was not entitled to the complainant's production as a hearing witness (People v Chipp, supra, at 338; People v Hucks, 175 A.D.2d 213).
Viewing the evidence in a light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05), without merit, or harmless (see, People v Nelu, 157 A.D.2d 864; People v Crimmins, 36 N.Y.2d 230, 242; People v Winthrop, 171 A.D.2d 829; People v Sherman, 156 A.D.2d 889). Mangano, P.J., Bracken, Sullivan and O'Brien, JJ., concur.