Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered March 13, 2002, upon a verdict convicting defendant of the crime of criminal possession of a controlled substance in the third degree.
On February 15, 2001, police arrested Irvin Hughes for the sale of a controlled substance. Hughes, a heroin addict, identified defendant as his supplier in an attempt to obtain leniency. Hughes further advised the police that every day, for the preceding two weeks, he had driven to the City of Schenectady, Schenectady County, picked up defendant and returned with him to Hughes’s apartment in the City of Amsterdam, Montgomery County, where defendant would wait while Hughes sold heroin brought by defendant. Thereafter, Hughes, wearing a pager and under police surveillance, telephoned defendant (drugs were not mentioned), drove to Schenectady, picked up defendant and returned to Amsterdam. After Hughes’s vehicle entered Amsterdam, police stopped it and arrested defendant for conspiracy to sell narcotics. During a strip search at police headquarters,
Defendant’s principal contention is that the police lacked probable cause to arrest him without a warrant since Hughes lacked reliability. A warrantless arrest may be made when the officer has probable cause to believe that such person has committed a crime (see People v Johnson,
Defendant next contends that Hughes’s trial testimony regarding his activities with defendant prior to the day of arrest prejudiced his right to a fair trial as it communicated to the jury defendant’s criminal propensity. This evidence was properly admitted to demonstrate defendant’s intent to sell drugs (see People v Valencia,
Finally, we cannot find that defendant’s sentence is harsh or excessive, particularly in view of his two prior convictions for criminal possession of a controlled substance in the third degree. Since defendant has failed to demonstrate a clear abuse of County Court’s discretion or extraordinary circumstances which would warrant modification, there is no basis upon which to disturb the sentence (see People v Sczepankowski,
Mercure, J.P., Spain, Carpinello and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.
