Opinion
July 25, 1983
Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Stark, J.), rendered October 4, 1979, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence. On September 20, 1982, this court remitted the case to Criminal Term to hear and report with respect to the warrantless arrest of defendant in his home on February 14, 1973 (see Payton v New York, 445 U.S. 573; United States v Johnson, 457 U.S. 537), and the appeal has been held in abeyance in the interim ( People v Maerling, 89 A.D.2d 1001). Criminal Term has now complied. Judgment affirmed. The evidence adduced at the hearing, where credibility was the crucial factor, supports the conclusion of the hearing court that the police entered defendant's home on February 14, 1973 with the consent of defendant's wife. Therefore, the arrest of defendant following the consensual entry was valid and the statement made by the defendant, after being advised of his Miranda rights, was properly held to be admissible. We have considered defendant's other contentions and find them to be without merit. Mollen, P.J., Lazer, Thompson and O'Connor, JJ., concur.