Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered October 18, 1996, upon a verdict convicting defendant of the crime of murder in the second degree.
Defendant’s conviction arises from the May 1995 shooting death of a spectator during an altercation arising out of a
Although defendant argues that the arresting officers did not have probable cause to arrest him, he was within two blocks of the scene of the shooting shortly after it occurred and he suddenly took flight as someone shouted that he had been involved; thus, the police had reasonable suspicion to pursue and investigate (see People v Varlack, 290 AD2d 647, 648 [2002], lv denied 97 NY2d 762 [2002]). After he was found hiding in a dumpster, defendant’s spontaneous statement provided probable cause for his arrest (see People v Curry, 294 AD2d 608, 611 [2002], lv denied 98 NY2d 674 [2002]).
Similarly unavailing is defendant’s contention that it was unlawful for police to conduct a warrantless search of his apartment three days after the shooting because defendant did not give his consent and the record does not identify the person who allegedly gave written consent for the search. This issue, however, is unpreserved for our review because defendant did not raise it in his omnibus motion or request a Mapp hearing (see People v Smith, 266 AD2d 639, 641 [1999], lv denied 94 NY2d 907 [2000]; People v Samull, 181 AD2d 946, 946 [1992],
To the extent that defendant suggests that his counsel was ineffective in failing to challenge his arrest and the search of his apartment, we cannot agree that such challenges could have been successful. As we have noted, the circumstances provided probable cause for the arrest and, even without the fruits of the search, the other proof of his guilt was overwhelming.
As to the sentence imposed, we note that it was permitted by the applicable statute and find no abuse of discretion or extraordinary circumstance which would warrant our modification of the sentence in the interest of justice (see People v Vazquez, 284 AD2d 730 [2001]; People v Dolphy, 257 AD2d 681, 685 [1999], lv denied 93 NY2d 872 [1999]). We have reviewed defendant’s remaining contentions, including his challenge to two eyewitnesses’ identification testimony, and find them to be without merit.
Spain, J.P., Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.