People v. Mitchell

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), *517rendered January 5, 1989, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, 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 physical evidence.

Ordered that the judgment is affirmed.

The defendant’s assertion that the hearing court improperly denied his suppression motion is without merit, as the existence of probable cause to arrest the…