Opinion
May 4, 1987
Appeal from the Supreme Court, Kings County (McBrien, J.).
Ordered that the judgment is affirmed.
On the instant appeal, the defendant argues, inter alia, that he was illegally arrested in his home without a warrant and that the fruits of that illegal arrest, i.e., a pretrial identification of the defendant by the complainant, and an inculpatory statement by the defendant, should have been suppressed.
In denying the defendant's motion to suppress, Criminal Term found, as the trier of the facts, that (1) the police officers were let into the defendant's home by the defendant's mother who also lived there, and (2) the defendant voluntarily consented to participate in a lineup at the precinct, and was therefore not under arrest at that point. The record clearly supports these findings and, under those circumstances, Criminal Term's determination was proper (People v. Yukl, 25 N.Y.2d 585, 589, cert denied 400 U.S. 851; People v. Hartley, 103 A.D.2d 935, affd 65 N.Y.2d 703; People v. Baird, 111 A.D.2d 1044, lv denied 66 N.Y.2d 761; People v. Davis, 120 A.D.2d 606, lv denied 68 N.Y.2d 769).
We have reviewed defendant's remaining argument, i.e., that the sentence of 4 to 8 years' imprisonment imposed upon him as a second violent felony offender was excessive, and find it to be without merit (Penal Law § 70.02 [b]; § 70.04 [3] [b]; [4]; People v. Vasquez, 104 A.D.2d 1012). Mollen, P.J., Mangano, Brown and Lawrence, JJ., concur.