Opinion
December 19, 1995
Appeal from the Supreme Court, New York County (Frederic Berman, J.).
The police had probable cause to arrest defendant based on a report from an identified citizen who had just observed defendant selling drugs and the discovery by the police of 24 vials of crack cocaine on top of a garbage pail next to which defendant had been standing ( see, People v Hodja, 216 A.D.2d 415, lv denied 86 N.Y.2d 796).
Since defendant's statements at the time of his guilty plea did not cast doubt on his guilt, and since defendant did not move to withdraw his plea, the court had no obligation to conduct an inquiry into defendant's protestations of innocence raised belatedly at sentence after he was returned on a warrant ( People v Lopez, 71 N.Y.2d 662, 665-666).
Concur — Sullivan, J.P., Ellerin, Wallach and Rubin, JJ.