Opinion
November 23, 1992
Appeal from the Supreme Court, Queens County (Naro, J.).
Ordered that the judgments are affirmed.
The defendant and another person were charged in a series of indictments with committing robberies and other crimes in both Queens County and New York County. At the outset of the pretrial hearings herein, the prosecutor reported that in the Supreme Court, New York County, it had already been determined that the police had probable cause to arrest the defendant and, therefore, that issue should not be litigated again. After the court so ruled, the defense counsel remarked that, as to the issue of probable cause to arrest, "as far as your Honor goes with that ruling, I agree". Thus, the defendant expressly waived his present claim that there was no probable cause to arrest him (see generally, People v Ford, 62 N.Y.2d 275; People v Udzinski, 146 A.D.2d 245), and that any fruits of his arrest must be suppressed. Moreover, a Mapp hearing was never held and there is no record before us upon which to review the defendant's claim.
The defendant's remaining contention is without merit. Lawrence, J.P., Copertino, Pizzuto and Santucci, JJ., concur.