As defendant failed to raise any argument before the hearing court alleging impropriety in the search of closed containers recovered from defendant's person incident to his arrest, he has failed to preserve the issue and to provide an adequate record for appellate review on the merits (People v. Martin, 50 N.Y.2d 1029, 1031).
In any event, the hearing minutes indicate that defendant was arrested based upon probable cause provided by the observation officer's radioed report to the arresting officer of an observed sale of drugs by defendant, who had secreted his drug supply on his person (People v. Petralia, 62 N.Y.2d 47, 52, cert denied 469 U.S. 852). In these circumstances, the police were justified in conducting a warrantless search of packages recovered from defendant's person, incident to arrest, for the purposes of "the protection of evidence from destruction or concealment" (People v. Gokey, 60 N.Y.2d 309, 312 [emphasis added]).
Concur — Sullivan, J.P., Rosenberger, Wallach and Asch, JJ.