Defendant's argument that his arrest was made without probable cause because a witness's identification of him was allegedly untrustworthy is unpreserved and we decline to review it in the interest of justice. Moreover, this claim is procedurally defective because it rests on evidence adduced at the trial but not at the hearing. In any event, the witness's identification of defendant gave the police probable cause to arrest him (see, People v Gonzalez,
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PEOPLE v. SMITH
278 A.D.2d 126 (2000)
717 N.Y.S.2d 540
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE SMITH, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided December 19, 2000.
Decided December 19, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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