Opinion
November 5, 1984
Appeal from the Supreme Court, Queens County (Bambrick, J.).
Judgment affirmed.
The arresting officer saw defendant handling a weapon prior to his arrest. This supplied the probable cause for arresting defendant and searching his automobile. Further, the court did not err in refusing to allow defendant to withdraw his guilty plea. It was knowingly and intelligently made after the court had made sure defendant knew the rights he was waiving, and told defendant the minimum sentence he could receive as a second violent felony offender. Defendant was represented by counsel and had a Spanish interpreter at all proceedings.
The sentence imposed was proper, and the minimum allowed under law (Penal Law, § 70.04; see People v Morse, 62 N.Y.2d 205). Niehoff, J.P., Boyers, Lawrence and Eiber, JJ., concur.