Opinion
May 24, 1999
Appeal from the County Court, Suffolk County (Vaughn, J.).
Ordered that the judgment rendered under Indictment No. 1505/94 is modified, on the law, by reversing the conviction for fraud pursuant to Social Services Law § 145, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, that judgment is affirmed; and it is further,
Ordered that the judgment rendered under Indictment No. 1837/94 is affirmed.
Contrary to the defendant's contention, the findings of the hearing court are supported by the record, which demonstrates that probable cause existed for his arrest (see, People v. Brenfield, 188 A.D.2d 477, citing People v. Ward, 175 A.D.2d 819). Therefore, the fraudulent Department of Social Services benefits card recovered from the defendant's person was properly admissible into evidence at trial (see, People v. Brenfield, supra; People v. Brown, 173 A.D.2d 629).
We agree with the defendant that his conviction pursuant to Social Services Law § 145 under count two of the indictment must be reversed because he was convicted of grand larceny in the third degree under the first court of the indictment for the same acts (see, Social Services Law § 145; People v. Jarvis, 52 A.D.2d 1067; People v. Prim, 47 A.D.2d 409, mod on other grounds 40 N.Y.2d 946; see also, People v. Simonton, 244 A.D.2d 1004).
The defendant's remaining contentions are without merit.
Mangano, P. J., Friedmann, McGinity and Feuerstein, JJ., concur.