Opinion
July 10, 1987
Appeal from the Supreme Court, Monroe County, Boehm, J.
Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant asserts that his arrest was without probable cause as the People failed to demonstrate that the sender of the police radio bulletin possessed the requisite knowledge to justify the receiving officer's arrest of defendant. As this legal argument was not raised before the suppression court, the People have had no opportunity to present proof on this issue and it is not preserved for our review (CPL 470.05; People v. Vasquez, 66 N.Y.2d 968, 970, cert denied 475 U.S. 1109; People v. Martin, 50 N.Y.2d 1029, 1031). Even if we were to reach it, however, the argument is without merit. People v. Havelka ( 45 N.Y.2d 636) and People v. Lypka ( 36 N.Y.2d 210), relied on by defendant, are inapplicable. Here, when the arresting officer reached the scene, he was informed by a witness who had followed and observed the fleeing suspects that defendant was one of the robbers. Thus, the arrest was not based solely on the police radio broadcast. Further, defendant asserts that the trial court improperly admitted into evidence $28.95 seized from him following his arrest on the ground that it was irrelevant and prejudicial (People v. Jones, 62 A.D.2d 356). As defense counsel failed to object to the admission of this evidence, the issue has not been preserved for our review (CPL 470.05; People v. Dawson, 50 N.Y.2d 311, 324). We decline to exercise our discretion to consider either issue in the interests of justice.
We have reviewed defendant's other contentions and find them to be without merit.