Opinion
October 5, 1995
Appeal from the Supreme Court, New York County (Harold Rothwax, J.).
Probable cause for defendant's arrest was established by evidence that the police, responding to a radio run of a burglary in process, were met by several people who confirmed the report and directed them to the building's second floor where a face had been seen in a window; that the officers there discovered an unlocked apartment that was in complete disarray; that defendant was seen trying to hide on the roof of the building by several people who had gone into building and onto the roof; and that defendant was arrested after being identified by a witness who informed one of the officers that he had seen defendant climb the fire escape and enter an apartment window ( see, People v. Alston, 178 A.D.2d 153, lv denied 80 N.Y.2d 827; People v. Rivera, 67 A.D.2d 867). Defendant's other claim that he was wrongly adjudicated a persistent violent felony offender on the basis of an unconstitutionally obtained 1985 conviction was waived when he failed to challenge that conviction at the sentencing for his 1987 conviction.
Concur — Murphy, P.J., Ellerin, Kupferman, Asch and Mazzarelli, JJ.