Opinion
February 23, 1998
Appeal from the County Court, Nassau County (DeRiggi, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the hearing court correctly found that the police had probable cause to effect his warrantless arrest ( see, People v. Bigelow, 66 N.Y.2d 417; People v. McRay, 51 N.Y.2d 594; People v. Carrasquillo, 54 N.Y.2d 248; People v. Grams, 166 A.D.2d 717; People v. Cunningham, 135 A.D.2d 725; People v. Gittens, 211 A.D.2d 242; People v. Tolentino, 40 A.D.2d 596). Therefore, his application for suppression of identification evidence was properly denied.
Having failed to raise the issue of repugnancy of the verdict prior to the dismissal of the jury, the defendant's claim is unpreserved for appellate review ( see, People v. Alfaro, 66 N.Y.2d 985; People v. Cabrera, 221 A.D.2d 461). In any event, the jury's verdict convicting him of attempted robbery in the first and second degrees but convicting his codefendant only of attempted robbery in the second degree was not repugnant in light of the court's jury charge ( see, People v. Tucker, 55 N.Y.2d 1; People v. Furman, 224 A.D.2d 188; People v. Collado, 187 A.D.2d 444).
The defendant's remaining contentions lack merit ( see, People v. Vasquez, 88 N.Y.2d 561; People v. Brown, 70 N.Y.2d 513; People v. Galloway, 54 N.Y.2d 396; People v. Edwards, 47 N.Y.2d 493; People v. Ashwal, 39 N.Y.2d 105).
Rosenblatt, J.P., Miller, Ritter and Krausman, JJ., concur.