People v. Martin — 52 N.Y.2d 925

Majority

p. 925

The People of the State of New York, Respondent, v Melvin Martin, Appellant.

Argued January 5, 1981;

decided February 10, 1981

p. 927

APPEARANCES OF COUNSEL

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. Gomiskey 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.