Opinion
March 17, 1986
Appeal from the Supreme Court, Kings County (Cohen, J.).
Judgment affirmed.
The defendant contends on this appeal that he was arrested without probable cause and hence that the physical evidence seized by the police during the ensuing search of a stolen vehicle in which he was a passenger should have been suppressed. However, the record indicates that the defendant at no time moved for a hearing to suppress this evidence, nor did he object to its admission at trial. He has thus waived the probable cause issue and failed, as a matter of law, to preserve it for appellate review (see, CPL 710.70; People v. Coleman, 56 N.Y.2d 269; People v. Berrios, 28 N.Y.2d 361; People v. Shaoul, 96 A.D.2d 892).
The defendant's contention that the People failed to prove his guilt beyond a reasonable doubt is without merit. Viewing the evidence in the light most favorable to the prosecution (see, People v. Di Girolamo, 108 A.D.2d 755, lv denied 64 N.Y.2d 1133), we conclude that there was ample proof upon which the trier of fact could find the defendant guilty beyond a reasonable doubt (see, People v. Contes, 60 N.Y.2d 620). Finally, we discern no impropriety in the sentencing of the defendant. Lazer, J.P., Rubin, Lawrence and Kooper, JJ., concur.