Defendant and others sold a quarter kilogram of cocaine to undercover DEA agents in Manhattan. A second sale was arranged, and at the pre-arranged meeting place, the defendant and his accomplices were arrested. While in custody, defendant consented to a search of two apartments which he owned at 617 West 152nd Street. Inside one of the apartments, cash, drugs, drug paraphernalia and a weapon were recovered.
Defendant's consent established the predicate for the warrantless search of the apartment (Payton v New York, 445 U.S. 573). Under the factors set forth in People v Gonzalez ( 115 A.D.2d 73, affd 68 N.Y.2d 950), we find no basis to disturb the findings of the hearing court that defendant's consent was voluntary. Although defendant was in custody at the time of the consent, this fact alone does not nullify the consent (see, People v Estrella, 160 A.D.2d 250, lv denied 76 N.Y.2d 787).
Concur — Sullivan, J.P., Carro, Wallach and Rubin, JJ.