People v. Chambers — 52 N.Y.2d 923

Majority

p. 923

The People of the State of New York, Respondent, v Doris Chambers, Appellant.

Argued January 5, 1981;

decided February 10, 1981

p. 925

APPEARANCES OF COUNSEL

Jerald Rosenthal for appellant.

Robert M. Morgenthau, District Attorney (Jerrold L. Neugarten, Robert M. Pitler and William J. Comiskey of counsel), for respondent.

OPINION OF THE COURT

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.