Opinion
November 15, 1988
Appeal from the Monroe County Court, Wisner, J.
Present — Dillon, P.J., Callahan, Boomer, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: We find no Payton violation (see, Payton v. New York, 445 U.S. 573), as suggested by defendant, since there has been no showing that the police made a nonconsensual entry into defendant's home to effect his arrest (People v. Clinkscales, 134 A.D.2d 889, lv denied 70 N.Y.2d 1005). The record discloses that the police officer approached defendant's home, knocked on the door, and arrested defendant when he voluntarily opened the door. There is no indication that police used any force to enter the premises, that the officer in any way threatened defendant or that the officer ever displayed his weapon (cf., People v. Minley, 68 N.Y.2d 952). Since it is clear that the officer, based upon his prior investigation, had probable cause to arrest defendant, there is no basis for suppressing the statement defendant subsequently made after being advised of his constitutional rights. Defendant's constitutional rights were not violated by the People's withdrawal of their prior plea offer. A prosecutor has broad discretion whether to grant permission to enter a lesser plea (see, People v Esajerre, 35 N.Y.2d 463, 466-467) and may, if he so chooses, withdraw a prior plea offer (People v. Pena, 50 N.Y.2d 400, 411, cert denied 449 U.S. 1087). The other issues raised by defendant have either not been properly preserved for appellate review or are without merit.