PEOPLE v. LEBRON (1997)

Judgment, Supreme Court, New York County (John Bradley, J.), rendered December 14, 1994, convicting defendant, upon a plea of guilty, of manslaughter in the first degree, robbery in the first degree, criminal possession of a weapon in the third degree, and violation of probation, and sentencing him to concurrent terms of 7 1/3 to 22 years, 11 to 22 years, 1 to 3 years and 1 to 3 years, respectively, unanimously affirmed.

 The court properly denied defendant's request to withdraw his guilty plea.   It is clear from the record that defendant's plea was voluntary, knowing and intelligent (see, People v. Fiumefreddo, 82 N.Y.2d 536, 605 N.Y.S.2d 671, 626 N.E.2d 646), and that he was given a full opportunity to advance his claim (see, People v. Montalvo, 228 A.D.2d 197, 643 N.Y.S.2d 342, lv. denied 88 N.Y.2d 990, 649 N.Y.S.2d 397, 672 N.E.2d 623).

 The court properly denied defendant's motion to suppress evidence.   The arresting officer had probable cause to arrest since he was aware at the time that one of the robbery victims had identified defendant's photo.   We decline to disturb the hearing court's credibility determinations in this regard.

 Defendant's guilty plea to manslaughter in the first degree was valid since that crime is considered an acceptable plea in satisfaction of a felony murder count involving the same victim (CPL 220.10[4];  People v. Johnson, 89 N.Y.2d 905, 653 N.Y.S.2d 265, 675 N.E.2d 1217;  People v. Adams, 57 N.Y.2d 1035, 457 N.Y.S.2d 783, 444 N.E.2d 33).   We have considered defendant's remaining contentions and find them to be without merit.

MEMORANDUM DECISION.