Opinion
April 13, 1987
Appeal from the County Court, Nassau County (Goodman, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's present contention, we find that the record contains sufficient credible evidence to support the hearing court's determination that the warrantless entry by police on the premises in question was effected with the consent of the codefendant (see, e.g., People v Michelsson, 105 A.D.2d 852). Similarly, the record amply sustains the court's finding that the lineup from which the defendant was identified was nonsuggestive and, in any event, there was an independent source for any potential in-court identification of the defendant by the eyewitnesses. Hence, we discern no basis for disturbing these conclusions (see, e.g., People v Gairy, 116 A.D.2d 733, appeal denied 67 N.Y.2d 942; People v McMickel, 105 A.D.2d 851).
Additionally, the defendant's claim that his motion to represent himself at trial was erroneously denied is not properly before us due to his withdrawal of a renewed motion to proceed pro se and his voluntary and knowing decision to enter a guilty plea and to thereby waive his right to a trial. We note in this regard that the defendant has at no point contended that he pleaded guilty because his original motion to proceed pro se at the impending trial was denied, and such a contention would in any event be negated by his withdrawal of his renewed motion for the same relief prior to his plea of guilty.
We have considered the defendant's remaining contention and find it to be without merit. Bracken, J.P., Kunzeman, Kooper and Sullivan, JJ., concur.