PEOPLE v. PUELLO (1999)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered February, 11, 1997, convicting him of robbery in the second degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.   The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony and statements he made to law enforcement authorities.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly found that the defendant's statement was not suppressible as the fruit of an illegal arrest (see, Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639).   The evidence adduced at the suppression hearing supports the hearing court's conclusion that the warrantless entry into the apartment of the defendant's grandfather was effected with the consent of the grandfather (see, People v. Levine, 174 A.D.2d 757, 571 N.Y.S.2d 795;  see also, People v. Major, 195 A.D.2d 1051, 602 N.Y.S.2d 576;  People v. Rosato, 193 A.D.2d 1052, 599 N.Y.S.2d 195;  People v. Davis, 120 A.D.2d 606, 607, 502 N.Y.S.2d 80).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.