People v. Schmitz

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the third degree (Penal Law § 160.05) and two counts of grand larceny in the fourth degree (Penal Law § 155.30 [4], [5]) and sentencing him as a second felony offender to concurrent terms of incarceration with an aggregate term of 3 to 6 years. County Court properly denied defendant’s suppression motion. Contrary to the contention of defendant, the court properly determined that the police had probable cause to arrest him, i.e., it “appear[ed] to be at least more…