Opinion
March 16, 1990
Appeal from the Monroe County Court, Connell, J.
Present — Dillon, P.J., Doerr, Lawton, Davis and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's contention that the tangible evidence seized after his arrest should be suppressed as the fruit of an illegal arrest is lacking in merit. The record supports the suppression court's conclusion that the two-pronged Aguilar-Spinelli test (see, Spinelli v United States, 393 U.S. 410; Aguilar v Texas, 378 U.S. 108) was met with respect to the information supplied by the informant Harris. Here, independent police investigation corroborated and developed information consistent with the detailed information supplied by Harris (see, People v Bigelow, 66 N.Y.2d 417, 423-424; People v Johnson, 66 N.Y.2d 398; People v Jacques, 158 A.D.2d 949). Thus, there was probable cause for defendant's arrest without a warrant. Moreover, on this record, we conclude that exigent circumstances justified the nonconsensual police entry into defendant's motel room for the purpose of effecting his arrest (see, People v Mealer, 57 N.Y.2d 214, 218-219, cert denied 460 U.S. 1024; People v Bossett, 124 A.D.2d 740, 742, lv denied 70 N.Y.2d 643).
Defendant failed to preserve his challenge to the trial court's instructions with respect to defendant's accessorial liability, and we decline to reach it in the interest of justice (CPL 470.15).
Finally, defendant's sentence was not harsh and excessive (see, People v Farrar, 52 N.Y.2d 302, 305).