Opinion
February 5, 1996
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the hearing court correctly determined that the defendant's arrest was supported by probable cause and, therefore, his oral statements should not be suppressed (see, People v. Berzups, 49 N.Y.2d 417; People v Gilliard, 163 A.D.2d 326).
We disagree with the defendant's contention that the evidence is legally insufficient to support his conviction of felony murder. Viewing the evidence adduced at trial in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt of felony murder beyond a reasonable doubt (see also, People v. Cotto, 176 A.D.2d 291; People v. Sanchez, 167 A.D.2d 489). There is ample evidence in the record that demonstrates the defendant's participation in the underlying robbery and attempted robbery, and the issue of whether the homicide was committed in the course of the robbery or in immediate flight therefrom was properly submitted to the jury for resolution (see, Penal Law § 125.25; People v. Rodriguez, 197 A.D.2d 546). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15).
The defendant's remaking contentions are unpreserved for appellate review (see, CPL 470.05) or without merit (see, People v. Suitte, 90 A.D.2d 80). Balletta, J.P., Ritter, Altman and Hart, JJ., concur.