Opinion
October 2, 1989
Appeal from the Supreme Court, Kings County (Douglass, J.).
Ordered that the judgment is affirmed.
The defendant contends that his arrest was not based on probable cause. However, since he did not raise the issue before the hearing court, it has not been preserved for appellate review (see, People v Scherifi, 147 A.D.2d 663). In any event, the argument is without merit. The defendant offered no evidence to show that the unrelated felony complaint upon which he was arrested was issued illegally (see, People v Dixon, 147 A.D.2d 769) or that it was dismissed prior to his arrest. Moreover, under the particular circumstances presented herein, the defendant's attempt to flee upon encountering the police officer further supports a finding of probable cause (see, People v Ortiz, 103 A.D.2d 303, affd 64 N.Y.2d 997).
We have examined the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Brown, Kooper and Sullivan, JJ., concur.