101 A.D.2d 891 | N.Y. App. Div. | 1984
Appeals by defendant (1) from a judgment of the County Court, Nassau County (Delin, J.), rendered January 23,1981, convicting him of robbery in the first degree (two counts), criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence, and (2) by permission, from an order of the same court, dated March 28, 1983, which denied his motion to vacate the judgment of conviction pursuant to CPL 440.10 and (3) by permission, as limited by his brief, from so much of an order of the same court, dated May 4, 1983, as upon renewal and reargument of his motion to vacate the judgment, adhered to the original determination. The appeal from the judgment brings up for review the denial, after a hearing, of that branch of defendant’s pretrial motion which sought suppression of certain evidence. 1 Order dated March 28,1983 affirmed and order dated May 4,1983 affirmed insofar as appealed from. No opinion. H Judgment affirmed. 11 On May 8,1980, Sergeant Francis Sochor was on plainclothes radio motor patrol in Woodmere, Nassau County. In the course of this patrol, he saw two men, one of whom was carrying a sawed-off shotgun, running from the front stoop of a house located on Sutton Place. The two men entered a 1972 Ford automobile parked at the curb of the street. Sochor pulled his car in front of the Ford to prevent its leaving, exited his patrol car and identified himself as a police officer. At this point, defendant opened the door of the Ford and pointed a shotgun at the officer. While Sochor was requesting assistance by radio, defendant left the Ford and ran south on Sutton Place carrying the shotgun. H Defendant then attempted to steal a car from one Abraham Friedman who lived nearby. He was unsuccessful in obtaining Friedman’s car but, shortly thereafter, succeeded in stealing the car of another Woodmere resident, Ruth Gould. 11 Both Friedman and Gould reported defendant’s activity to the police and each gave a description of defendant. Mrs. Gould also gave a description of her stolen vehicle. 11 In the interim, the ownership of the 1972 Ford had been traced to a James Flores, who, in the course of being interviewed by the police, informed them that some three days previously he had lent the car to the defendant. Flores also advised them that the defendant might be found at the home of one Steven Fenslau in Rosedale, Queens. I After receiving this information, several Nassau County police officers proceeded to the Fenslau residence, arriving at about 2:15 a.m. on May 9,1980. After observing that the car owned by Ruth Gould was parked about a half a block away from the home in question, the police looked through a window in the front door of the premises and saw a white male lying on the couch covered by a blanket. They entered the house through the unlocked front door, awoke the male on the couch (the defendant) and advised him of his Miranda rights. Defendant indicated that he understood the rights, at which point Detective Thomas Goodwin asked, “Before anyone gets hurt, where is the shotgun?” The defendant replied that it was in the garage of the residence; he was then handcuffed and led by the police to the garage in which he revealed the whereabouts of the shotgun. Defendant also advised the police officers that the shotgun was loaded. K Defendant argues for the first time on appeal that there was no probable cause to support his arrest. Since this claim was not raised at the suppression hearing, the issue is not preserved for our review (see People v Baldi, 96 AD2d