Opinion
Argued January 5, 1981
Decided February 10, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DANIEL F. McMAHON, J., LEONARD SANDLER, J.
Lewis R. Friedman, Herman Kaufman, Jack T. Litman, Richard M. Asche and Sharon L. Norton for appellant.
Robert M. Morgenthau, District Attorney (Jerrold L. Neugarten, Robert M. Pitler and William J. Comiskey of counsel), for respondent.
Order affirmed. In this case, in which the Appellate Division affirmed the findings made by the suppression court, we cannot say as a matter of law that probable cause to enter the apartment and to conduct a search was not established. As to the sentencing issue raised by the defendant, no question of law was preserved for our review.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.