Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered September 17, 1998, upon a verdict convicting defendant of the crimes of attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree.
Maurice Jacobs was shot on September 14, 1997 in his apartment located on Ten Broeck Street in the City of Albany. On September 22, 1997, Infinite Bozeman and Rakeem Wade, accompanied by their mothers, appeared at the Albany Police Department. Bozeman and Wade told the police that they were present during the shooting and gave statements implicating a tall, thin, dark-skinned black male named “Mel” who was wearing a tan checkered shirt and also hung around the Ida Yarborough Apartments. Acting upon those statements and an anonymous phone call stating that Mel was, at that moment, in front of 97 Ida Yarborough, Albany Police Detectives Joseph Severance and Kenneth Kennedy went to that location together with other officers where they observed defendant, who fit the description. They approached defendant and when he confirmed that his name was Mel, he was placed under arrest.
On the way to the police station, defendant stated: “I know what this is all about.” Kennedy immediately administered Miranda warnings and, after securing defendant’s assent to continue, asked him about the gun. Defendant told Kennedy he gave the gun to “some guy up at Clinton [Avenue] and Lark [Street]” and that it was a .25-caliber pistol. Thereafter, defendant confessed to the shooting and signed a written statement.
Defendant was indicted for the crimes of attempted murder in the second degree, assault in the first degree and criminal possession of a weapon in the second degree. Following a suppression hearing, County Court denied defendant’s motion to suppress the oral admissions and the written statement. Subsequently, defendant was convicted of the crimes charged and sentenced, as a second felony offender, to concurrent determinate prison terms equaling 18 years.
Defendant contends that his arrest was unlawful because the police lacked the requisite probable cause due to the unreliability of Bozeman and Wade as informants. The People may establish probable cause for a warrantless arrest based upon hearsay information supplied by an informant provided both
Turning first to the basis of the knowledge test, we find that it was easily satisfied inasmuch as Bozeman and Wade personally observed defendant’s criminal activity (see, People v Bigelow,
Defendant further argues that Kennedy failed to specifically advise him, as part of the Miranda warnings, that he had the right, at any time during the questioning, to exercise his Miranda rights and refuse to answer further questions. As a consequence, he asserts that his purported waiver of those rights was ineffectual. We disagree. Initially, we note that defendant did not challenge the sufficiency of the Miranda warnings before County Court. At the suppression hearing, defendant only argued that the warnings had never been administered. Therefore, defendant failed to preserve the alleged error for appellate review (see, People v Tutt,
Next, defendant contends that the testimonies of Bozeman and Wade were so contradictory and untruthful that they should not have been believed. Based upon our review, we find that their testimonies were, for the most part, consistent. Any inconsistencies in their testimonies and defendant’s denial that he committed the crimes merely presented credibility issues for the jury’s resolution (see, People v Waite,
Finally, we are unpersuaded by the argument that County Court abused its discretion in deciding that, in the event defendant chose to testify, cross-examination would be permitted regarding his 1996 conviction for attempted robbery in the second degree. We note that the court’s ruling did not discourage defendant from testifying (cf., People v Williams,
Mercure, Peters, Graffeo and Mugglin, JJ., concur. Ordered that the judgment is affirmed.
