Opinion
January 27, 1986
Appeal from the Supreme Court, Kings County (Broomer, J.).
Judgment and amended judgment affirmed.
The record discloses that defendant's arrest was supported by probable cause. Moreover, the hearing court did not err in concluding that, under the circumstances, defendant had knowingly and voluntarily waived his right to remain silent before making statements to the police (see, North Carolina v Butler, 441 U.S. 369, 373). At trial, defendant's guilt under indictment No. 1565/82 was overwhelmingly established (see, People v Malizia, 62 N.Y.2d 755, 757, cert denied ___ US ___, 105 S Ct 327; People v Contes, 60 N.Y.2d 620).
Defendant further contends that he was improperly adjudicated a second felony offender because, upon entering his plea to the predicate felony, he was not informed during the allocution of his right to remain silent. The sentencing court at bar, however, properly determined that defendant had knowingly and voluntarily pleaded guilty to the predicate felony (see, People v Harris, 61 N.Y.2d 9). We have reviewed defendant's other claims and find them to be either unpreserved or without merit. Lazer, J.P., Mangano, Brown and Lawrence, JJ., concur.